Core Viewpoint - The company has established a comprehensive system for external guarantees to protect investor rights, ensure asset safety, and mitigate operational risks [1][2]. Group 1: General Provisions - The system defines "external guarantees" as the company providing guarantees, mortgages, pledges, and other forms of security for third parties, including subsidiaries [1]. - The system applies to the company and its controlling subsidiaries, which are defined as entities where the company holds more than 50% of the shares or can control the board [1][2]. - All directors and senior management must exercise caution regarding external guarantees to control potential risks [1]. Group 2: Principles and Approval Process - External guarantees must adhere to principles of equality, voluntariness, fairness, integrity, and mutual benefit [2]. - Any external guarantee requires approval from the board of directors or shareholders' meeting, and the company cannot provide guarantees without such approval [2][6]. - The financial department is responsible for managing external guarantees and must track and supervise the guaranteed parties [2][8]. Group 3: Review and Risk Management - The company does not proactively provide guarantees; requests must come from the guaranteed entity, which must demonstrate good operational status and repayment ability [9]. - The financial department must assess the credit status and risks associated with the guarantee applicant before approval [10][11]. - Contracts for approved guarantees must be in writing and include specific terms regarding the creditor, debtor, and obligations [17][18]. Group 4: Responsibilities and Penalties - The company must report all external guarantee matters to the auditors accurately [28]. - Individuals responsible for failing to perform their duties or exceeding their authority in signing guarantee contracts may face penalties or disciplinary actions [29]. - If criminal laws are violated, the company will refer the matter to judicial authorities for prosecution [30].
奥比中光: 对外担保管理制度