Legal analysis: company guarantee: guarantee is a civil legal norm to adjust the rights and obligations between natural persons and legal persons with equal subjects. As an enterprise legal person, the company meets the guarantee requirements from the main point of view. Under normal circumstances, the provisions on external guarantee of listed companies and ordinary joint stock limited companies are the same, that is, according to the articles of association, it is decided by the board of directors or shareholders' meeting; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. However, if the external guarantee amount of a listed company exceeds 30% of the company's total assets, it shall be decided by the shareholders' meeting and approved by more than two thirds of the voting rights held by the shareholders present at the meeting.
Legal basis: Article 16 of the Company Law of People's Republic of China (PRC) stipulates that if a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the general meeting of shareholders in accordance with the provisions of the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits.
Article 122 of the Company Law of People's Republic of China (PRC) If a listed company purchases or sells major assets within one year or the amount of guarantee exceeds 30% of the company's total assets, it shall make a resolution at the shareholders' meeting, which shall be passed by more than two thirds of the voting rights held by the shareholders present at the meeting.