As the main body of the market, listed companies need to abide by relevant laws and regulations when providing guarantees. According to the Company Law, Securities Law and other laws and regulations, the risks borne by listed companies in providing guarantees need to be borne by shareholders, directors, senior managers and other investors to protect the rights and interests of listed companies and shareholders. Specifically, listed companies need to comply with the following provisions when providing guarantees: 1. Limit the scope of guarantee: listed companies shall not provide guarantees for other related parties, or directly or indirectly provide guarantees for them; At the same time, listed companies cannot provide guarantees for non-operating enterprises and customers who have no purchase and sale relationship. 2. Limit the amount of guarantee: The amount of guarantee provided by a listed company to the debtor shall not exceed 50% of its net assets. Unless it is approved twice by the shareholders' meeting and announced, it shall not provide guarantee for the person or institution that the company has been unable to pay for more than five consecutive years. 3. Other requirements: When providing guarantee, the listed company also needs to conduct risk assessment on the debtor, strictly implement the resolutions of shareholders, and ensure that all guarantee behaviors meet the requirements of the company's articles of association and laws and regulations.
What will happen if a listed company violates the guarantee regulations? The violation of guarantee regulations by listed companies may lead to problems such as damage to shareholders' rights and interests and difficulties in business operation. According to the provisions of the Securities Law and other relevant laws and regulations, the securities regulatory authorities can take administrative measures such as suspension of listing, cancellation of listing, and ordering correction. In addition, listed companies may also face legal consequences such as shareholder claims and lawsuits, which will seriously affect the corporate image and reputation.
In view of the provisions of guarantee provided by listed companies, the scope and amount of guarantee are analyzed in detail. Listed companies need to seriously abide by relevant laws and regulations, strictly enforce the guarantee clauses, and protect the rights and interests of enterprises and shareholders.
Legal basis:
Article 34 of the Company Law of People's Republic of China (PRC) * * * A company shall not provide property guarantee for units that directly or indirectly control the company, nor shall it provide property guarantee for its non-operating affairs.