Company Associated Guarantees Legal Research

Connected guarantee itself is not associated with judgments of value. But among the company's connected transactions, the regulations must pay more attention to the connected guarantee. If a company want to provide property or credit guarantees for another one, in fact, is in a very big risk. Connected guarantee may be associated with one of available tools. Companies Act of PRC 2005 made a number of principles on connected guarantee. This paper is associated with specific forms of guarantees, potential risks, judicial precedents and foreign legal system, bring the proposals of improving the system of company law related to connected guarantee.This paper is divided into four main parts:ChapterⅠdescribes the concepts of connected guarantee which is associated with connected party, classification and the existence of forms. In accordance with the broad and narrow sense of the connected guarantee and the resulting potential risks;ChapterⅡfollowing with the first chapter, issue a detailed analysis of existing laws related to various connected guarantee regulations, focus on the current gaps and loopholes in legislation; is a detailed analysis of all related court proceedings and judicial judgments of connected guarantee cases, mainly in chronological order, as we demonstrate the relevance of legislative and judicial guarantees of the process of change in attitude;ChapterⅢbriefly describes the relevant legal system in United States, France and South Korea. Three countries have similar legislations, but their features are obvious and with advantages and disadvantages;ChapterⅣis a combination of the foregoing analysis of associated guarantees and foreign legal experience and the practice of judicial practice, present some suggestions for improving related systems of Connected guarantee in PRC.