2. The guarantee behavior meets the actual business needs of the company and its subsidiaries and will not adversely affect the normal operation and business development of the company. The contents and decision-making procedures of this guarantee comply with the requirements of relevant laws and regulations such as the Guidelines for the Standardized Operation of Listed Companies on Growth Enterprise Market of Stock Exchanges and the Listing Rules on Growth Enterprise Market of Stock Exchanges, and safeguard the interests of all shareholders.
If the wholly-owned subsidiary is a non-listed company, the subsidiary must pass the resolution of the shareholders' meeting or shareholders' meeting to provide guarantee for the debts of the parent company. The controlling shareholder must abstain, so the wholly-owned subsidiary can't form a resolution, so it can't actually provide guarantee.
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First, the guarantee for subsidiaries should be considered from these aspects.
1. is relatively beneficial to subsidiaries. The guarantee of the parent company increases the credit for the subsidiary, which is more convenient for the subsidiary to raise funds and carry out business.
2. It is unfavorable to the parent company providing the guarantee. Because the guarantee assumes that the subsidiary defaults, it will increase the debt of the parent company and increase the debt. Secondly, it may also have a bad influence on reputation.
3. Look at the type of protection. If it is a guarantee of pure loan relationship, it is not necessarily good or even bad; If the project investment needs funds, such guarantees are generally good.
4. Look at the insured amount. If the protection is within a reasonable range, it should be normal, but beyond the reasonable range, there will be risks.
Of course, there will be many details, such as the way of guarantee, joint liability, time limit and so on, which will have an impact. But in any case, the overall interests of the secured party outweigh its disadvantages.