Legal Issues On Company's External Guarantee

The corporate external guaranty is a common phenomenon in our practice, but it will lead to many problems. Because guaranty with or without reward will make the corporation faced with a lot of risk. Once the corporation performs guaranteed obligations, it will bring so much pressure that the corporation's everyday administration and the shareholders' and the creditors' benefits can be effected. In particular, if there're many intricate guaranty chains between corporations, lots of corporations will bankrupt one after another, which is bad for stabilizations of the society's order. The Corporation Law which has been passed in the tenth? made the more scientific and reasonable provisions, so the research of the scholars need rise according to it. To perfect our country's corporation external guaranty system, we must accelerate the constructions of other corporation systems about it. For example, reinforce precautions and controls of the corporation's external guaranty risks, go on perfecting the corporation's administration structures, build different systems which can protect the shareholders' and the creditors' benefits, use anti-guaranty system effectively and so on. Therefore, about the corporation external guaranty problem, there're needs of sinking into researching and actual meanings.The article use the methods of case analysis, theory connecting with practice, comparative analysis and others to compare the old corporation guaranty system with the new one. In the meanwhile, the author makes detailed introductions of different countries and areas about the corporation guaranty legislations and makes deep research about the corporation mutual guaranty system among corporations. Based on that, the author brings forward some suggestions of our...