Revision of the new company law. First, the restrictions on the proportion of foreign investment in the original "Company Law" have been deleted, and the articles of association can stipulate the limit of foreign investment, and at the same time, the provisions on guarantee have been added. This restriction does not fall within the scope of review by the company registration authority. The company's foreign investment is the company's inherent right, and it is the company's behavior of controlling property and operating independently. If it is changed to the articles of association, it will actually return the rights to the company.
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.
Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting.
Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.