First, legal persons, other organizations or citizens who have the ability to pay off debts on their behalf can act as guarantors. However, if a legal person, other organization or natural person who does not have the full compensation ability requests to be exempted from the guarantee liability because he does not have the compensation ability after concluding the guarantee contract, the people's court will not support it.
Second, according to the relevant provisions of the General Principles of Civil Law, individual industrial and commercial households and rural contracted households are a special form of citizens. Therefore, citizens as guarantors can also be individual industrial and commercial households and rural contracted households.
Three, can be used as a guarantor, including: registered in accordance with the law to obtain a business license of wholly-owned enterprises, partnerships; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses.
Fourth, if a branch of an enterprise as a legal person provides a guarantee without the written authorization of the legal person, the guarantee contract is invalid. If the functional department of an enterprise as a legal person provides a guarantee, the guarantee contract is invalid.
Fifth, public institutions and social organizations aiming at public welfare shall not be used as guarantors, while those engaged in business activities shall be used as guarantors. If there are no other circumstances that cause the guarantee contract to be invalid, the guarantee contract signed by it shall be deemed valid.
Sixth, in the process of accepting loans from foreign governments or international economic organizations, with the approval of the State Council, state organs may act as guarantors, but they may not act as guarantors under other circumstances.