一、公司向股东提供担保权利能力的法理分析(一)公司向股东担保的经济和法律准备如普通担保一样,公司向股东提供担保不需要获得对价,如果股东利用自己在公司的职能和职权取得公司担保,又不履行债务,公司将要和被担保股东一起对债务承担连带责任,这有可能损害其他股东和债权人的利益,进而违反公司资本维持原则。 I. Legal Analysis of the Company’s Ability to Provide Security Rights to Shareholders (I) Economic and Legal Preparation for Security Guarantees Provided by the Company As an ordinary guarantee, the Company does not need to obtain a consideration for providing security to its shareholders. If shareholders use their own functions and powers in the company If the company guarantees and does not perform its obligations, the company will have to jointly and severally assume the liabilities with the guaranteed shareholders. This may damage the interests of other shareholders and creditors and violate the principle of maintaining the capital of the company.