Legal Analysis Of External Guarantee Provided By Listed Company

As a means to improve efficiency of financing, guarantee plays an extremely important role in the development of marKet economy, which is a win-win choice for creditors, debtors and guarantors. Public company has an natural advantage in terms of acting as a guarantors because of its abundant financial resources, good social reputation and the transparent operation mode. But China’s capital market just developed in a short time,and relevant laws and regulations on the guaranty of listed companies is not standard, the major shareholders of listed companies often influence guaranty and the complex relationship always exist between the listed company, which have brought negative effect to the image of the listed company. How to solve the problem about guarantee of public company becomes the focus of practical and theoretical discussion. This paper analyzes company guarantee issue and makes some advice in ways of comparative analysis and case analysis. Firstly, this paper introduces foreign company guarantee institutions. Secondly, the paper dissects the change of our firm law from the perspective of the trend of judicial practice, and elaborates the cause. Finally, this paper puts forward opinions and suggestions on the company guarantee from the perspective of legislative proposal, internal regulation and external social supervision.