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我国《担保法》第7条规定:“具有代为清偿债务能力的法人、其他组织或者公民,可以作为保证人”。这是关于担保能力的一般要求,条件很宽松。但公司作为涉及众多股东特别是中小股东利益的主体,对外担保具有特殊性,不加限制,将会产生一系列后果,尤以上市公司为
Article 7 of China’s “Guarantee Law” stipulates: “A legal person, other organization or citizen who has the ability to pay off debts on behalf of the bank may act as a guarantor.” This is a general requirement on the security capability, the conditions are relaxed. However, as a main body involved in the interests of many shareholders, especially small and medium shareholders, the external guarantee of the Company is special and unrestricted and will have a series of consequences, especially if the listed company is