If the company as a legal person guarantees the debt without knowing it, and the company does not ratify the guarantee, it may apply for cancellation of the guarantee contract, which will be invalid after cancellation. What are the conditions for the company to provide effective guarantee? Because there are certain risks in the company's external guarantee, in order to avoid the occurrence of corresponding risks, the company's external guarantee must meet the conditions stipulated by law! The law does not prohibit the company from providing guarantee for the shareholders or actual controllers of the company, but a resolution must be made in accordance with the articles of association. According to the provisions of Article 16 of the Company Law, a company that provides guarantee for others must meet the following conditions: (1) The board of directors or the shareholders' meeting makes a resolution. (two) shall not exceed the limit prescribed in the articles of association. (3) Providing guarantee for shareholders or actual controllers must be decided by the shareholders' meeting. When voting on the resolution, the shareholders controlled by the shareholders or actual controllers shall not participate in the voting. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting. , the relevant laws and regulations, Article 147 of the Civil Code of People's Republic of China (PRC), the validity of a civil juristic act based on a major misunderstanding, the actor has the right to request the people's court or an arbitration institution to cancel it. Article 148 If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it. The guarantee fee of a guarantee company is usually not fixed, which is mainly determined by the risk. The guarantee fees of borrowers with different loan products and different conditions are usually different. Of course, different guarantee companies charge different fees. Usually, unsecured loans have the highest guarantee fee, because borrowers do not need to provide collateral, and guarantee companies only rely on credit guarantees to bear greater risks, so the guarantee fee is higher. As shown in the above figure, Lu Xun's loan is guaranteed by a guarantee company under the * * Group, and the monthly guarantee fee is 65438+ 0.9% of the total loan. As the borrower repays the principal every month, the monthly guarantee fee is charged according to the total amount, and the actual guarantee fee is higher than 65,438+0.9%/month. * * The company's one-year cash loan guarantee fee is 0.53%/ month, which is lower than that of Lu *, but the company's monthly service fee is higher, usually around 1%. The mortgage guarantee fee varies greatly according to the borrower's conditions, but the annual guarantee rate is 3%-5%, which is far lower than the above unsecured loan guarantee fee. The guarantee fee of low-risk loans such as provident fund loans is lower, and the annual guarantee rate of provident fund loans in most cities is below one thousandth. (1) Pay attention to the form of guarantee provided by yourself, make clear the responsibilities and obligations that you need to bear after providing guarantee, and ask the guaranteed person to provide counter-guarantee if necessary. The most important thing in bank loans is credit. Similarly, as a guarantor of bank loans, you should also use credit to guarantee others. Guaranteed bank loans should not be blindly believed without thinking because of the feelings of classmates and friends. You know, it is not that the better the relationship, the smaller the risk, but that the higher the lender's reputation, the smaller the guarantee risk. Do everything possible to collect information about this person's reputation and understand his reputation. If he has a bad reputation, no matter how good the relationship is, there is no guarantee. (3) Reasonably evaluate the lender's repayment ability and its own guarantee tolerance. When evaluating the repayment ability of the guarantor, it is necessary to know the loan amount and the lender's property status in detail, because the lender's repayment ability determines the risk the guarantor bears. (4) Pay attention to your legal rights, especially the clauses in the contract exempting the guarantee liability, and pay attention to the use of the loan by the guarantor. If there is any illegal operation, you can apply for no guarantee for the guarantor.