Perfection Of Company 's System Of External Guarantee

Corporate external guaranty is normal and necessary in the market transactions.It can safeguard the realization of credit and promote financing. As the most activeelement of market economy, the company according to its own business needsimplementation guarantee behavior has become a common phenomenon. Corporateexternal guaranty, in addition to enhance credit intrinsic need, is also the essentialcondition of market prosperity, its positive effect obviously. But as a result of guaranty,the companies will face uncertain risk that we cannot ignore the potential threat. Inparticular to directors, managers or holding shareholder’s malicious guarantee, such aslet it do what one wishes without restraint, will cause the company faced huge losses,and even endanger the whole the foundation of market economy. The current society,also appear ceaselessly company involved in a perplexing guarantee, insolvency andbankruptcy. The resulting problems, combined with China’s new company law history,the author’s analyses of this paper have important practical significance.Based on affirming company guarantee power under the premise of operation,has high validity theory of corporate external guaranty legal recognition andresponsibility to carry on the analysis, in order to integrate theory with practice,mainly from the following four aspects:The first part, the company guarantee’s base theories. This part of the companyguarantee’s connotation, and our old and new corporation law of comparative analysis,the clarity of our guarantee system the new extension. The second part, China’sexternal guaranteeing system in the existing dilemma. This part in view of our countryis not perfect external guarantee system, can provide means proceed with, discuss ourcountry current company law legislation deficiency. The third part, other country andthe regional Corporation guarantee law comparison. This part of the Anglo-Americanlaw countries and continental law system in the guarantee system of the legislativesituation and historical evolution of contrast, reach our country company law can givelessons. The fourth part, how to perfect our country company to guarantee legalregulation measures. The new company law in practice and can compensate for allholes. Combining the economic development situation of our country, from theimprovement of the articles of association of the company, perfect security resolutionprocedure, the improvement of the information disclosure, corporate governance structure and broaden the relief measures for effective control of the company’ssecurity risks to provide some suggestions.