Reflection on the Normative Intent of Article 16 of China’s Company Law

The ultra vires guarantee by the legal representative of a company not only involves general rules Contract Law, Guarantee Law and Civil Code People’s Republic China, but also should consider its nature as commercial act take into account legislative intent Company Law. In judicial practice, regulation company’s is scattered blurred, still needing improvement. Before advent interpretation system application process was confusing lacked basis. Article 16 affirms ability to provide external guarantees. academic circle, dispute on effectiveness often revolves around But in essence, rule regulate corporate governance, purpose intention formation guarantee. To examine representative’s guarantee, one must expression process. from significant part judge validity contract, true representation normative