2, schools, kindergartens, hospitals and other public institutions and social organizations for the purpose of public welfare conclude a guarantee contract with creditors, and the guarantee is invalid; However, institutions and social organizations engaged in business activities do not act as guarantors.
3. If the branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person or beyond the scope of authorization and the functional department of the enterprise as a legal person, the guarantee contract is invalid.
4. The legal representative and responsible person of a legal person or other organization entered into a guarantee contract beyond their authority, and the other party knew or should have known that it was beyond their authority.
5. If a director or manager violates the provisions of Article 60 of the Company Law of People's Republic of China (PRC) and provides a guarantee for the debts of the shareholders or other individuals of the Company with the assets of the company, the guarantee contract is invalid.
6. If the property whose circulation is prohibited by laws and regulations or the non-transferable property is used as the guarantee, the guarantee contract is invalid.
7. The external guarantee contract is invalid under the following circumstances:
(1) Providing external guarantee without the approval or registration of the relevant state authorities;
(2) Providing guarantees for overseas institutions to domestic creditors without the approval or registration of the relevant competent departments of the state;
(three) to provide guarantees for the registered capital of foreign-invested enterprises and the foreign debts of foreign-invested enterprises;
(4) Financial institutions that have no right to engage in foreign exchange guarantee business or non-financial enterprise legal persons without foreign exchange income provide foreign exchange guarantee;
(5) Without the consent of the guarantor and the approval of the relevant competent departments of the state, if the main contract is changed or the creditor transfers the rights under the external guarantee contract, the guarantor will no longer bear the guarantee responsibility. Except as otherwise provided by laws and regulations.
8, the main contract is invalid, guarantee the contract is invalid.
9. If both parties to the main contract collude to defraud the guarantor to provide a guarantee, the guarantee contract shall be invalid.
10. If the creditor of the main contract causes the guarantor to provide a guarantee against his true meaning by fraud, coercion or other means, the guarantee is invalid.
1 1. If the debtor of the main contract makes the guarantor provide a guarantee against his true meaning by means of fraud or coercion, and the creditor knows or should know the facts of fraud or coercion, the guarantee is invalid.
Legal basis: Article 388 of the Civil Code of People's Republic of China (PRC) establishes a security interest, and a security contract shall be concluded in accordance with this law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.