Study On Legal Issues Of The Company's Guarantee For The Shareholders

As the slow development of China's credit guarantee system, relevant laws and regulations are incomplete, the company's actions there has been a lot of security problems, the enormous risks. In particular the company's guarantee is valid for the shareholders, has been the wider controversy. "Company Law" amendment, the company made a special issue of external security requirements, so that our legislation in dealing with the issue of external security company has been a breakthrough. However, the revised "Company Law" relevant legal provisions are still flaws, especially on the board of directors to shareholders guarantee the problem is not clearly defined. This is to guarantee the interests of shareholders to properly resolve the issue left a hidden section of the law is not clear it will also bring the application of the problem. Therefore, further research company guarantee issue for shareholders, there is still significant. This paper uses "Supreme People's Court Gazette" No.7 in 2006 published "China's Export-Import Bank and the Glorious Cause Investment Group Limited, Stone Group Corporation loan guarantee contract dispute" and other cases as the study sample. In case analysis, based on the combination of the revised "Company Law" and relevant provisions of the security interests of shareholders, especially shareholders, the Board of Directors resolution to the issue of security to make some observations and suggestions. As the background of the restrictions, revised the former "Law" can not guarantee the company's decision to make it clear that economic life in which there have been massive security breach, damage the interests of shareholders and creditors, and cause all kinds of controversy. New "Law" provisions of the new security rules, which regulate the company's security behavior, have a positive practical significance. However, the new "Law" to guarantee the new regulations are not perfect, still need to be perfected. In this paper, the judge's authority to provide security for shareholders to judge the effectiveness of behavior, and the standard referee the dispute as the start of China's regulatory system by the company for its shareholders an overview of security along the company's self-guided theory, the economic benefits from the company promotion and a variety of practical situations as a starting point to determine the legislation should allow the company to provide security for the shareholders of the basic point of view. Company to provide security for the shareholders of the company as an independent civil body, free to pursue the transaction, the embodiment of the exercise of autonomy, not arbitrary interference with a legal company private domain. The judiciary can not own the interests of the parties denied the company's self-balancing means. Admittedly, the interests of shareholders guarantee the system itself there are some inherent problems, but we are not unworthy, overkill, and one-sided negative effect of the company as a shareholder guarantees. Legal thinking is correct to allow the company to shareholders in the security context, the development of statutes and rules authorize the company to improve its internal procedures, to determine the shareholders of the company to provide security for the decision-making body, strengthen the company's legal obligation to control personnel, a clear responsibility to guarantee ultra vires, companies to effectively curb the negative impact of guarantees for shareholders to fully play its positive role.