Study On The Legal Issues Of Company’s External Guarantee

External guarantee in company is one form of the guarantee system. It includes many advantages, such as rise the financing, increase the company’s financial condition, optimize the idle capital and potential trading opportunities, and so on. So the company’s external guarantee in economic activities has been adopted by many companies and become an indispensable part of the legal system of the company. Before the current "company law of the People’s Republic of China ", company guarantee system is simple, rough and set in the paragraph 3 of article 60 of original method. At the same time, this law prohibited the external guarantee in company. Now company’s external guarantee system of our country embodied in article 16, article 104, article 124, article 124 and so on. The provisions of company law makes more available and comprehensive. There is no denying that the company’s guarantee system makes progress certainly, but we can’t ignore the problem of the company law. Basing on the effective requirements of company’s external guarantee’s contract and from the status of company’s external guarantee, this paper will find the issues of company’s external guarantee. The author will view of the effective requirements of company’s external guarantee’s contract, then then research into the problem of contract effectiveness have flaws. The this paper will Combined with foreign advanced legislation and put forward a perfect suggestion to the legislation of our country. This article is divided into four parts:The first part:On overview of external guarantee in company, including it’s concept, effective requirement, the worth and so on.The second part:After discussing the status of external guarantee in company, The author will view of the effective requirement of company’s external guarantee’s contract,then research into the problem of contract effectiveness have flaws.The third part:Comparing foreign law, the author Makes every effort to draw lessons from for the excellent foreign experience to perfect guarantee system of the company in China.The fourth part:Based on the above analysis and research, improving the company guarantee system of legal advices.