1. Guaranty conditions: (1) Guaranty conditions include resolutions made by the board of directors or the shareholders' meeting, and shall not exceed the limit stipulated in the articles of association. Guarantee for shareholders or actual controllers must be made by the shareholders' meeting, and shareholders controlled by shareholders or actual controllers shall not participate in the voting. More than half of the voting rights held by other shareholders attending the meeting were passed;
(2) The conditions that cannot be guaranteed include that schools, kindergartens, medical care and other public welfare institutions and social organizations cannot serve as guarantors; Branches and functional departments of an enterprise as a legal person shall not guarantee;
2. Legal basis: Article 683rd of the Civil Code of People's Republic of China (PRC).
A legal person organ may not act as a guarantor, except for loans to foreign governments or international economic organizations approved by the State Council. A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.
Second, the consequences of enterprise guarantee
Consequences of an enterprise's guarantee for others: after the business license of an enterprise as a legal person is revoked, revoked or closed according to law, a liquidation group shall be established according to law to liquidate the original enterprise and bear civil liability independently with the property of the original enterprise.
If the company is required by law to invest in other enterprises or provide guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the provisions of the company's 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, they shall not exceed the prescribed limits;
Where the company provides 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.