The Legal Effect Of The Corporate External Guaranty

On the corporate external guaranty legal effectiveness analysis first should affirm company autonomy principle, establish the articles of association of the company in the company of" constitutional status"; next must continue to maintain the power structure of the our country pursue" the shareholder meeting center doctrine " principle; third is the company's internal and external behaviors distinction, not to the articles of association of the company against a bona fide third party content, focus is to maintain the autonomy of private law and protect transaction trust; fourth is listed companies for the guarantee of the law should fully consider its particularity, strengthen the supervision of listed companies; fifth are for commercial banks and other major creditors, require more prudent obligation.