Research On The Effectiveness Of Chinese Companies' External Guarantees

The company's external guarantee can increase the company's potential trading opportunities,improve the company's business reputation,but also can effectively reduce the social credit risk,promote commodity circulation and cash flow.But if not constrained,it may bring great risks to companies and creditors.Article 16,paragraph 1,of the Company Law of the People's Republic of China stipulates the applicable rules of the Company's general external guarantees,but since the provision does not provide for further legal consequences for the violation of this specification,it has led to extensive academic and practical Controversy,in the judicial practice there have been many "co-different sentence" situation,leading to market operations in the company's external security behavior confusion,but also damage the credibility of the judiciary.Therefore,how to determine the legal effect of the company's external guarantee is an important problem to be solved urgently in the field of commercial justice.In view of this,this paper attempts from the legal theory point of view,the company's external guarantee behavior between the company's security internal resolution and external behavior are discussed based on the contract,their effect on the relationship between the internal and external validity of the contract,in order to be in a reasonable framework,criterion effect of clear cooperate guarantee.In addition to the introduction and conclusion,this paper is divided into three parts.The first part mainly expounds the related meaning,the role and the risk of the company's external guarantee,and points out that the company's external guarantee has important value to the company and the society on the one hand,but at the same time,there are many risks,so many countries and regions recognize the company Guarantee the ability of the company's external security at the same time to be particularly regulated behavior.The second part mainly analyzes the effectiveness of the company's external guarantee by means of the different judgments of the company's external guarantee.It is suggested that the validity of the company's external guarantee should not be directly determined on the basis of the nature of Article 16,paragraph 1 of the Company Law.From the view of behavior group,analyze the effectiveness of the company's external guarantees through the company's external security behavior is divided into internal resolution and external contract behavior ideas.In this paper,the paper analyzes the composition of the company's external guarantee behavior,and on this basis,it focuses on the nature of the internal resolution and its effectiveness and the relationship between the effectiveness of the internal resolution and the effectiveness of the external contract,the internal resolution of the company and the external contract Effectiveness is not consistent with the effectiveness of the impact of external guarantees of the company's external contract is the key factor in the contract relative to whether the goodwill conclusion.The third part is mainly the specific analysis of the effectiveness of the company's external guarantee contract.This paper focuses on the main factors that affect the effectiveness of the company's external guarantee contracts,including the legal representative of the company's legal representative of the scope of coverage and goodwill relative to judge the criteria and should be taken to review the way and content,pointed out that the company in the process of external guarantees has the obligation to conduct a formal review of the articles of association and related resolutions.Finally,combined with the above conclusions,the paper analyzes and evaluates the contract validity of the Company's external guarantee in different regulations.