Foreign related laws apply, foreign related laws apply law

Whether the letter of guarantee is legally valid depends on whether it has been resolved by the general meeting of shareholders or the board of directors of Company B. The case involved the issue of the validity of the external guarantee of a listed company. Article 122 of the Company Law of the People's Republic of China stipulates:

If a listed company purchases or guarantees more than 30% of the company's total assets within one year, it shall be resolved by the general meeting of shareholders and approved by more than two-thirds of the voting rights held by the shareholders present at the meeting. In addition, Article 1 of the Notice of the China Securities Regulatory Commission and the China Banking Regulatory Commission on Regulating the External Guarantee Behavior of Listed Companies clearly stipulates that "the external guarantee of a listed company must be deliberated by the board of directors or the general meeting of shareholders."

Therefore, Company A failed to examine whether Company B's guarantee had gone through legal procedures, i.e., it had failed to fulfill its duty of care and could not obtain protection as a bona fide third party.

Valid, the letter of guarantee has legal effect on Company A.

Whether the internal provisions of Company B are valid or not has nothing to do with Company A, whether Company B deals with the chairman of the board of directors in accordance with the articles of association, and whether or not it claims compensation has nothing to do with AB's guarantee contract.

Valid, the validity of the company's representative's signature is also recognized in Taiwan law.

According to Chinese law, the chairman of the board of directors of a company can carry out relevant acts on behalf of the company, and the letter of guarantee is valid.

The effect is not very good, depending on whether the chairman of company B has full authority to sign a letter of guarantee.

1. The parties may, in accordance with the provisions of the law, expressly choose the law applicable to foreign-related civil relations.

2. Where the laws of the People's Republic of China have mandatory provisions on foreign-related civil relations, such mandatory provisions shall be directly applied.

3. If the application of foreign laws will harm the public interests of the People's Republic of China, the remaining laws of the People's Republic of China shall apply.

1. The principle of autonomy of will: agreement takes precedence. 2. The closest connection is still given priority to the autonomy of will, and the autonomy of will can break through the principle of closest connection. 3. The application of law to the two types of special contracts Foreign-related consumer contracts; Foreign-related labor contracts.

4. The Principle of Agreement between the Parties Chinese law allows the parties to a contract to agree to choose the place of jurisdiction and the application of law of the contract, and may also choose arbitration. 5. Principles of Application of International Treaties and International Practices The parties may choose to apply international treaties or international practices.

Article 10 of the Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations: Foreign laws applicable to foreign-related civil relations shall be ascertained by the people's courts, arbitration institutions, or administrative organs. Where a party chooses to apply the law of a foreign country, it shall provide the law of that country. Where the laws of the foreign country cannot be ascertained or the laws of that country do not provide for them, the laws of the People's Republic of China shall apply.

Article 6 of the Criminal Law of the People's Republic of China: This Law applies to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law. This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China. Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime of group defeat within the territory of the People's Republic of China.