| The law confers companies the right of guarantee and take certainway to limite the right.Provisions of the articles of association concerningthe company also guarantees covered by the company’s autonomy.However, for operational control of the company and market risks graspthe purpose of the provisions of the Articles of Association required bylaw guaranteed by the selection within the statutory limits. Therefore, thearticles of association of the company guarantees the rights stipulatedlimited autonomy.This paper is divided into four parts：Part I:By guiding cases, leadsto the current controversy academics and practitioners on the companyguarantees problems.Part II: The author of the amendment retroactive laws and judicialpractices change in attitude shows the evolution of visual corporateguarantee system. Part III: First, the author proposes the "Company Law" Section16isa mandatory specification.And then the legal representative of the ultravires acts signed to analyze the effectiveness of the guarantee contract, Ibelieve that at this time the guarantee contract is invalid.Depending onthe violation of the provisions of the articles of association of thecompany’s guarantees exist, share the author’s point of view one by one.Part IV: Combining the foregoing, make recommendations forimproving the system. |
