Direct answer: A supplier performance, advance payment and quality guarantee page is not a line saying "collect a guarantee and relax". The website page should state: guarantee types (bid, performance, advance payment, quality/warranty, payment); forms (bank guarantee, insurance guarantee, guarantee company guarantee, standby letter of credit, cash deposit); how to verify the text (applicant/beneficiary/issuer, amount/currency, effective/expiry date, reduction, claim conditions and documents, applicable rules/law, jurisdiction, transferability, automatic extension, authenticity); the difference between an independent guarantee and an accessory guarantee; what the contract requires (type, ratio, submission time, format, issuer qualification, validity, reduction, claim, release, replacement); how to manage the register, expiry, claims, release and fake guarantees; and how to handle cross-border guarantees. On the law: Civil Code Article 388 provides for security contracts; Article 681 defines a guarantee contract; Article 682 provides that a guarantee contract is generally accessory to the main contract; Article 686 provides that where the guarantee method is not agreed or is unclear, the guarantor bears general guarantee liability; Article 692 provides that where the guarantee period is not agreed or is unclear, it is six months from the due date of the main debt; Article 693 provides that the guarantor is released if the creditor does not assert its rights within the guarantee period; Articles 695 and 697 address changes to the main contract and transfer of debt without the guarantor's written consent. The Supreme People's Court's Provisions on Independent Guarantees provide that an independent guarantee is issued by a bank or non-bank financial institution, payable against documents complying with the guarantee, independent of the underlying transaction; the issuer generally cannot rely on underlying-transaction defences, but fraud may support an application to stop payment. The Supreme People's Court's interpretation on security under the Civil Code and the Civil Procedure Law's preservation rules apply to guarantee/stop-payment procedures. Information is current to 2026-11-07. This is a review of public rules and page practice, not legal, guarantee, insurance or banking advice; the law, guarantee text, issuer's rules and court's finding control.
This guide is for procurement, finance, legal, internal control, supply chain and website teams at equipment, electronics/electrical, automotive, medical device, hardware, chemical, packaging and export manufacturers in Changzhou and nearby areas. This page most often misses guarantee type, text, validity, reduction, claim documents and authenticity verification, ending up as "the supplier shall provide a performance guarantee".
First define the type: bid/performance/advance payment/quality guarantee, with different amounts, periods and triggers; then verify the text: applicant, beneficiary, issuer, amount, expiry, reduction, claim documents, applicable rules and authenticity; finally manage the process: register, expiry reminders, claims, release and fake guarantees. The website should state types, text, process and boundaries—not "provide a guarantee".
How does this page relate to payment terms, liquidated damages/deposit, supplier financial risk and contract signing pages?
The guarantee page answers "which guarantee, how to verify the text, when to claim and how to manage expiry"; the payment terms and settlement page answers "advance payment, credit terms, acceptance bills, invoices and late payment"; the liquidated damages/deposit page answers "breach remedies, ratios and deposit rules"; the supplier financial risk page answers "early warning, exposure, guarantees and contingency"; the contract signing page answers "document priority, signature and version". A guarantee is "third-party credit plus documentary claim"; a payment or liquidated damages page cannot replace it.
Common breakpoints: only "performance guarantee"; the beneficiary is the group/trading company, not the contracting entity; expiry is earlier than the warranty period; the advance payment guarantee does not reduce; claim documents are unclear; the issuer is a guarantee company/offshore entity without qualification checks; a scanned copy is accepted without verification; no register; no renewal; the text cannot be enforced at claim time. Separate "type—form—text—contract—process—cross-border"; then procurement, finance and legal share one playbook.
| Page | Answers | Key content | Cannot replace |
|---|---|---|---|
| Guarantee page | Which/how to verify/how to claim/expiry | Type, form, text, contract, register, cross-border | Payment/damages/financial risk |
| Payment terms/settlement | Advance/credit/bills/invoice | Payment nodes, instruments, late payment | Guarantee text/claim |
| Liquidated damages/deposit | Breach remedies | Ratio, adjustment, deposit rules | Third-party credit |
| Supplier financial risk | Early warning/exposure/contingency | Guarantee, replacement, exit | Guarantee verification |
| Contract signing | Documents/seal/version | Priority, deviation, seal | Guarantee claim |
| Supplier onboarding | Whether to admit | Qualification, finance, compliance | Transaction-level guarantee |
This page map is editorial; the law, contract, guarantee text and issuer's rules control.
What types of guarantee are there?
Common procurement types: bid guarantee (prevents withdrawal/non-signing after award); performance guarantee (prevents non-performance); advance payment guarantee (secures the advance payment, usually reducing as the advance is recovered); quality/warranty guarantee (covers quality defects during the warranty period); payment guarantee (the buyer's payment obligation, which suppliers may require). The amount basis, validity, claim trigger and documents differ; one "performance guarantee" cannot cover everything. The contract should state the type, amount, submission time, validity and reduction/release mechanism.
Acceptance checks: type; amount basis; submission time; validity; reduction; claim trigger; documents; release. Common gaps: only "performance guarantee"; using performance guarantee instead of advance/quality; insufficient amount; expiry too early; no reduction; unclear claim conditions; no release record.
| Type | What it secures | Amount/period | Common gap |
|---|---|---|---|
| Bid guarantee | Withdrawal/non-signing | Per tender/bid validity | Validity too short |
| Performance guarantee | Non-performance/delay/quality | Contract value ratio/contract term | Delivery only |
| Advance payment guarantee | Misuse of advance/non-performance | Advance amount/reduces on recovery | No reduction |
| Quality/warranty guarantee | Quality defects in warranty | Warranty retention/warranty period | Expiry before warranty |
| Payment guarantee | Buyer's payment obligation | Per contract/payment period | Disconnected from payment page |
Types/amounts are editorial; the contract, tender documents and transaction risk control.
How to choose the guarantee form?
Common forms: bank guarantee (high credit; verification through test keys/SWIFT/bank channels; may consume credit lines/cash); insurance guarantee (issued by an insurer; check solvency and terms); guarantee company guarantee (cost/credit varies widely; check licence/rating/payment capacity); standby letter of credit (common cross-border; governed by ISP98/UCP and bank network); cash deposit (simple but ties up cash and carries commingling/refund risk). Choose by amount, period, cross-border needs, issuer qualification, acceptability and cost—not just the lowest fee.
Acceptance checks: form; issuer qualification; solvency; text; verification; cost; cross-border; acceptability. Common gaps: fee only; unlicensed guarantee company; unverifiable offshore issuer; unclear standby rules; commingled cash deposit; issuer not on the approved list.
| Form | Advantages | Risk/cost | Verification |
|---|---|---|---|
| Bank guarantee | High credit, cross-border | Credit line/cash, slow process | Test key/SWIFT/bank |
| Insurance guarantee | No bank credit line | Terms/solvency vary | Policy/insurer check |
| Guarantee company | Flexible/low cost | Credit/payment capacity varies | Licence/rating/payment record |
| Standby LC | Cross-border bank network | Rules/text complexity | Issuing bank/rules/test key |
| Cash deposit | Simple/direct | Cash tied up/commingling/refund | Segregated account/reconciliation |
Form selection is editorial; the contract, issuer qualification and bank/insurer underwriting control.
How to verify the guarantee text?
At least verify: applicant/guaranteed party; beneficiary (must match the contract/claiming entity); issuer; guarantee number; amount/currency; effective/expiry date; reduction mechanism; claim conditions and documents (written demand, statement of breach, document list, delivery method); applicable rules/law; jurisdiction/arbitration; transferability/divisibility; automatic extension; authenticity (test key/SWIFT/QR/official channel/call-back); seal/signature/authorisation. The text must match the contract, PO and beneficiary name; a scanned copy is not a valid guarantee—key items must be verified.
Acceptance checks: applicant; beneficiary; issuer; number; amount/currency; effective/expiry; reduction; claim documents; rules/law; jurisdiction; transfer; extension; authenticity; seal. Common gaps: wrong beneficiary; insufficient amount; early expiry; no reduction; impossible claim documents; foreign law/jurisdiction; non-transferable; no verification; missing seal/authorisation.
| Check | What to confirm | Evidence | Common gap |
|---|---|---|---|
| Applicant | Matches the supplier/contract | Guarantee/contract | Entity mismatch |
| Beneficiary | Matches contract/claiming entity | Guarantee/contract | Group/trading company |
| Issuer | Qualification/solvency/acceptability | Licence/rating | Unlicensed |
| Number/amount | Unique, sufficient, currency | Guarantee | Insufficient |
| Effective/expiry | Covers contract/warranty | Guarantee | Too early |
| Reduction | Advance recovery/warranty release | Guarantee/endorsement | No reduction |
| Claim documents | Completable, clear, time limit | Guarantee | Impossible conditions |
| Rules/law | URDG/ISP98/Chinese law | Guarantee | Unclear |
| Jurisdiction | Enforceable, acceptable cost | Guarantee | Offshore/inconvenient |
| Transfer/extension | Transferable/automatic extension | Guarantee | Non-transferable |
| Authenticity | Test key/SWIFT/official channel | Receipt | Scan only |
| Seal/authorisation | Authorised signature/seal | Authority letter | Missing |
This text verification is editorial; the guarantee, issuer's rules and bank/insurer confirmation control.
What is the difference between an independent guarantee and an accessory guarantee?
An accessory guarantee follows the Civil Code guarantee contract rules: it is generally accessory to the main contract; if the guarantee method is not agreed or unclear, it is general guarantee; if the guarantee period is not agreed or unclear, it is six months from the due date of the main debt; a general guarantor has the right of first recourse, and if the creditor does not sue/arbitrate within the guarantee period, the guarantor is released. An independent guarantee follows the independent guarantee judicial interpretation: issued by a bank/non-bank financial institution, payable against documents complying with the guarantee, independent of the underlying transaction; the issuer generally cannot rely on underlying-transaction defences, but fraud (e.g., the beneficiary knows there is no payment right or the documents are false) may support a court application to stop payment. The contract must choose clearly; "guarantee" alone is not enough.
Acceptance checks: independent/accessory; documentary conditions; underlying defences; fraud exception; guarantee period; first recourse; jurisdiction; stop payment. Common gaps: treating an independent guarantee as a guarantee; treating a guarantee as payable on demand; no guarantee method (default general guarantee); expired guarantee period; unaware of fraud stop-payment; text/contract conflict.
| Dimension | Independent guarantee | Accessory guarantee | Watch |
|---|---|---|---|
| Independence | Independent of underlying transaction | Accessory to main contract | Contract must state |
| Payment | Against complying documents | Based on main debt/guarantee liability | Documents must be completable |
| Defences | Generally no underlying defences | Main-contract defences available | Fraud exception |
| Method | No general/joint distinction | Unagreed = general guarantee | Default is weaker |
| Period | Per guarantee expiry | Unagreed = six months | Expiry releases |
| Stop payment | Fraud application possible | Guarantee dispute | Preservation/litigation |
This comparison is editorial; the guarantee text, judicial interpretation and court's finding control.
What guarantee clauses should the contract contain?
At least: guarantee type; amount/ratio/currency; submission time (signing/before advance/before shipment); format/text (beneficiary, amount, expiry, reduction, claim documents); issuer qualification (bank/insurer/guarantee company list/rating); validity covering the contract/warranty period; reduction/release mechanism; claim/payment process; renewal/replacement; guarantee cost allocation; relationship with cash deposit/payment; applicable rules/law/jurisdiction; treatment on breach/termination. Clauses must be enforceable, not just "provide a performance guarantee".
Acceptance checks: type; amount; timing; text; issuer; validity; reduction; claim; renewal; cost; law; breach. Common gaps: only "performance guarantee"; unclear amount/currency; late submission; no text annex; no issuer requirement; early expiry; no reduction; unclear claim; no renewal; cost/law not agreed.
| Clause | What to write | Evidence | Common gap |
|---|---|---|---|
| Type | Bid/performance/advance/quality/payment | Contract | Vague |
| Amount/currency | Basis/ratio/currency | Contract/guarantee | Insufficient/unclear |
| Submission time | Signing/before advance/shipment | Process | Too late |
| Text | Beneficiary/expiry/reduction/documents | Template | No annex |
| Issuer | Bank/insurer/guarantee company qualification | List/rating | No requirement |
| Validity | Covers contract/warranty | Guarantee | Early expiry |
| Reduction/release | Advance recovery/warranty release | Endorsement/record | None |
| Claim/payment | Documents/time limit/process | Clause | Unclear |
| Renewal/replacement | Renew/replace before expiry | Clause | None |
| Cost/law | Who bears/applicable rules/jurisdiction | Clause | Not agreed |
This clause list is editorial, not a contract template or legal advice; legal/finance should review it for the transaction.
How to manage the register, expiry and claims internally?
Suggested: receive → verify → register (applicant/beneficiary/issuer/type/amount/currency/effective/expiry/reduction/claim conditions/contact) → archive original/electronic copy → expiry reminders (e.g. 60/30/7 days) → renewal/replacement → claim/payment → release/return → annual review. Claims require the guarantee's document list (written demand, statement of breach, documents, delivery) and must be submitted within validity; for independent guarantee fraud, consult counsel promptly and consider stop-payment/preservation. The register must answer "is this guarantee valid now, which contract does it cover, when does it expire and can we claim".
Acceptance checks: receipt; verification; register; archive; reminders; renewal; claim; release; review. Common gaps: scan only; no verification; no register; no expiry reminder; expired claim; incomplete documents; no release record; no annual review.
| Step | What to do | Output | Common gap |
|---|---|---|---|
| Receipt | Original/electronic/receipt | Pack | Scan only |
| Verification | Test key/SWIFT/official channel | Verification record | No verification |
| Registration | Key fields/contract link | Register | No register |
| Archive | Original/electronic/version | Archive | Scattered |
| Expiry reminder | 60/30/7 days | Reminder record | Last minute |
| Renewal/replacement | New guarantee/endorsement | New text | Lapse |
| Claim/payment | Documents/time limit/delivery | Claim pack | Expired/incomplete |
| Release/review | Return/cancel/annual review | Record | None |
This process is editorial; the register, reminder cycle and claim authority follow company policy.
What are the common pitfalls?
High-risk: fake/Photoshopped guarantees; beneficiary is the group/trading company, not the contracting entity; expiry earlier than the warranty period; advance payment guarantee does not reduce; insufficient amount/currency mismatch; claim documents require "applicant consent" or are impossible; foreign law/offshore jurisdiction; unlicensed guarantee company; scanned copy accepted without verification; guarantee disconnected from contract/PO; main contract changed/debt transferred without notifying the guarantor; no renewal; expired claim; no release record. Each must be checked at receipt/contract/register.
Acceptance checks: authenticity; beneficiary; expiry; reduction; amount/currency; claim documents; law/jurisdiction; qualification; verification; contract consistency; changes; renewal; limitation; release. Common gaps: any of the above missing.
| Pitfall | Consequence | Evidence | Common gap |
|---|---|---|---|
| Fake guarantee | Cannot claim | Verification record | Scan only |
| Wrong beneficiary | No claim right | Guarantee/contract | Group/trading company |
| Early expiry | No warranty cover | Guarantee | Delivery only |
| No reduction | Over-guarantee/cost | Endorsement | None |
| Insufficient amount | Cannot cover loss | Contract/guarantee | Wrong basis |
| Difficult documents | No payment | Guarantee | Impossible conditions |
| Foreign law/jurisdiction | Hard/costly enforcement | Guarantee | Not assessed |
| Unlicensed issuer | Payment risk | Licence/rating | Fee only |
| Change not notified | Guarantee affected | Contract/notice | No notice |
This risk list is editorial; the guarantee text, law and court's finding control.
What should cross-border guarantees consider?
Cross-border guarantees/standby LCs need separate review: applicable rules (URDG 758, ISP98, UCP, etc.); governing law/jurisdiction; language; issuing/confirming bank; SWIFT/test-key verification; beneficiary and claim documents; expiry/extension; transfer; sanctions/FX/AML; local counsel. Do not copy a domestic guarantee template; different rules treat "payable on demand", strict document compliance and fraud/stop-payment differently. Cross-border claims/enforcement also depend on the bank network and where assets are.
Acceptance checks: rules; law; language; issuing bank; verification; documents; expiry/extension; transfer; sanctions/FX; counsel. Common gaps: unclear rules; adverse law/jurisdiction; language barrier; unverifiable; document mismatch; early expiry; sanctions/FX not reviewed; no local counsel.
| Item | What to confirm | Evidence | Common gap |
|---|---|---|---|
| Rules | URDG/ISP98/UCP/other | Guarantee | Not stated |
| Law/jurisdiction | Governing law/court/arbitration | Guarantee | Adverse |
| Language | Chinese/English/bilingual | Guarantee | Barrier |
| Issuing bank | Qualification/network/confirmation | Bank info | Unverifiable |
| Verification | SWIFT/test key/official | Receipt | PDF only |
| Documents | Strict compliance/time/delivery | Guarantee | Mismatch |
| Expiry/extension | Covers obligation/automatic extension | Guarantee | Too early |
| Sanctions/FX | Compliance/payment route | Review | Not reviewed |
Cross-border terms are editorial; legal/bank/local counsel should review the transaction.
How should the website page be written, and what must not be public?
Suggested content: (1) guarantee types and use cases; (2) acceptable forms/issuer scope; (3) text points (beneficiary, amount, expiry, reduction, claim documents); (4) submission/verification/register/expiry/claim process; (5) contract clause points; (6) FAQ and contact; (7) version/update date. The public page explains "rules and process"; it should not publish specific guarantee amounts, bank accounts, full guarantee texts, supplier names, claim cases or internal credit/ratings; after login, suppliers can submit guarantees, check status and download templates.
Use consistent English terms (performance guarantee, advance payment guarantee, quality guarantee, bank guarantee, insurance guarantee, standby letter of credit, independent guarantee, accessory guarantee, beneficiary, applicant, issuer, claim documents, reduction, expiry, verification) and state the review date. Link to payment terms, liquidated damages/deposit and supplier financial risk pages, but do not turn the guarantee page into a payment page.
| Section | What to write | Evidence | Avoid |
|---|---|---|---|
| Types/scenarios | Bid/performance/advance/quality/payment | Policy | "Guarantee" only |
| Form/issuer | Bank/insurance/guarantee/standby | List | Unlicensed |
| Text points | Beneficiary/amount/expiry/reduction/documents | Template | No text annex |
| Process | Submit/verify/register/claim | Process | No register |
| Contract clauses | Type/timing/validity/renewal | Contract | Vague |
| Contact | Finance/legal window | Page | Personal mobile |
| Public boundary | No amounts/accounts/full text/cases | Access control | Publish everything |
| Version | Update date/owner | Page | No owner |
This structure is editorial; external statements must be truthful and verifiable, per the law, contract, guarantee text and company policy.
What must not be written?
High-risk claims: "once we receive a guarantee, there is no risk" (fake/early expiry/insufficient amount/document mismatch); "payable on demand means unconditional immediate payment" (documents still required; fraud stop-payment possible); "a guarantee replaces supplier due diligence" (it does not replace performance/compliance); "the guarantee amount can be arbitrary" (must cover the risk/contract); "the guarantee renews automatically" (check the text/endorsement); "all guarantee company guarantees are the same" (qualification/payment capacity differ); "publish the full guarantee/bank account" (sensitive); "a guarantee replaces acceptance/quality" (it does not). These are inaccurate or misstate the guarantee, claim or public boundary.
Safer wording: "This contract requires [guarantee type], amount [basis/ratio/currency], issued by [bank/insurer/guarantee company], with text covering [beneficiary/expiry/reduction/claim documents], submitted and verified before [time]; validity covers [contract/warranty period]; renew/replace before expiry; claims follow the guarantee's document list. The law, contract, guarantee text and issuer's rules control."
Go-live acceptance checklist
Ten checks: type/scenario; form/issuer; text verification; independent/accessory; contract clauses; register/expiry; claim/payment; fake-guarantee prevention; cross-border; public boundary and version. Each needs an owner, evidence and review date. The pass condition is not "the page says provide a guarantee", but that procurement, finance and legal can choose the type, verify the text, authenticate, manage expiry, claim and release from the page.
Before go-live, run one real (anonymised) guarantee through: receipt → verification → registration → text check → contract link → expiry reminder → simulated claim → release. Then run a cross-border guarantee through rules/law/verification/documents. Any step that fails is a gap in the page or the process.
| Check | Pass condition | Evidence | If it fails |
|---|---|---|---|
| Type/scenario | Bid/performance/advance/quality/payment | Policy | Add types |
| Form/issuer | Bank/insurance/guarantee/standby | List/qualification | Reselect |
| Text verification | Beneficiary/amount/expiry/reduction/documents | Guarantee | Reissue |
| Independent/accessory | Clear and consistent with contract | Text | Amend clause |
| Contract clauses | Type/timing/validity/renewal | Contract | Amend contract |
| Register/expiry | Register/reminder/renewal | Register | Build register |
| Claim/payment | Documents/time/process | Process | Add process |
| Fake prevention | Verification/call-back/official channel | Record | Add verification |
| Cross-border | Rules/law/verification/documents | Opinion | Add assessment |
| Public boundary | No amounts/accounts/full text | Access control | Remove |
This checklist is editorial; the law, contract, guarantee text and company policy control.
Who should read this, who should not, and what decisions does it support?
It suits procurement, finance, legal, internal control, supply chain and website teams at equipment, electronics/electrical, automotive, medical device, hardware, chemical, packaging and export manufacturers in Changzhou and nearby areas; also companies collecting performance/advance/quality guarantees or facing "fake guarantees, early expiry, insufficient amount, incomplete claim documents". It does not suit teams that do not sign procurement contracts or deal with advance payments/warranty, or want one page to replace legal/bank/guarantee advice.
Read it if you are building a guarantee page; only "performance guarantee" is written; the text is not checked; the beneficiary is wrong; expiry is earlier than warranty; the advance guarantee does not reduce; only scans are accepted; there is no register; claims expire. Skip it if you treat "guarantee received" as "zero risk", "payable on demand" as "unconditional", "guarantee" as "performance capability", or want to publish full guarantee texts/accounts. It supports self-review of types, forms, text, independent/accessory, contract, register, claims and page wording.
FAQ
What is the difference between a performance guarantee and a cash deposit? Can we accept only a deposit?
A performance guarantee is a credit instrument issued by a bank/insurer/guarantee company; it usually does not tie up the supplier's cash but requires text/issuer verification. A cash deposit is simple but ties up cash and carries commingling/refund risk. They can be combined, or a deposit alone can be accepted, but assess amount, period, refund and commingling risk; the contract should state the form, amount, refund conditions and breach handling.
If the guarantee says "payable on demand", can we always get paid immediately?
Not necessarily. Payable on demand still requires documents complying with the guarantee (written demand, statement of breach, document list, delivery), and fraud/stop-payment may apply. Check whether the documents can be completed, the time limit, language, delivery and applicable rules. An independent guarantee generally does not allow underlying-transaction defences, but fraud (e.g., the beneficiary knows there is no payment right, false documents) may support a stop-payment application.
What if the guarantee expires before the warranty period?
You lose cover for the warranty period. The contract should require the guarantee to cover the contract/warranty period, or require renewal/replacement/automatic extension before expiry; check expiry, reduction and release conditions at receipt. If it expires early, require the supplier to reissue or extend and keep a written record.
Should the advance payment guarantee reduce as the advance is recovered?
Usually yes. The advance is recovered progressively through delivery/settlement, so the guarantee amount should reduce accordingly to avoid over-guarantee and cost; the contract should state the reduction mechanism, notice/endorsement and minimum amount. Check the reduction clause and current amount at receipt; if not reduced, request an endorsement.
How to choose between a bank guarantee, insurance guarantee and guarantee company guarantee?
Consider issuer qualification/solvency, text acceptability, verification channel, cross-border network, cost and speed. A bank guarantee has high credit but may consume credit lines/cash; an insurance guarantee does not consume bank credit but depends on terms/solvency; a guarantee company guarantee is flexible but credit varies widely—check licence/rating/payment record. Cross-border also depends on the bank network and applicable rules.
How do we verify a guarantee and manage expiry/claims?
Verify through the issuer's official channel (test key/SWIFT/QR/call-back/bank counter), check the number, seal, authorisation, amount, beneficiary and text; register the type/amount/currency/effective/expiry/reduction/claim conditions, remind before expiry, renew/replace; prepare the claim documents and deliver within validity; keep release/return records. A scanned copy alone is not verification.
One-sentence takeaway
A Changzhou manufacturer's supplier performance/advance payment/quality guarantee page is not about "collecting a guarantee". It should turn types, forms, text verification, independent/accessory status, contract clauses, register/expiry, claim/payment, fake-guarantee prevention and cross-border handling into a reviewable checklist—so procurement, finance and legal can choose the type, verify the text, authenticate, manage expiry, claim and release.
Method and limitations
This is a review of public rules and page practice, not legal, guarantee, insurance or banking advice. No undisclosed guarantees, bank credit, supplier financial data or claim data were used; types, tables and acceptance items are editorial, not legal conclusions. Civil Code Article 388 (security contract), Article 681 (guarantee contract), Article 682 (accessory contract), Article 686 (guarantee method/general guarantee default), Article 692 (guarantee period/six months), Article 693 (release for failure to claim), Article 695 (change of main contract) and Article 697 (debt transfer) are cited; the Supreme People's Court's Provisions on Independent Guarantees govern independent guarantees, documentary payment, independence and fraud stop-payment; the Supreme People's Court's interpretation on security under the Civil Code governs guarantee rules; the Civil Procedure Law governs preservation; the law, guarantee text, issuer's rules and court's finding control. This article does not determine the validity of any specific guarantee or claim outcome; companies should review item by item.
Sources and scope
Information is current to 2026-11-07. The following are official pages; their text controls.
- Civil Code of the People's Republic of China: Supreme People's Court. Security contract (Article 388), guarantee contract (Article 681), accessory contract (Article 682), guarantee method (Article 686), guarantee period (Article 692), release (Article 693), change of main contract (Article 695), debt transfer (Article 697).
- Supreme People's Court Provisions on Several Issues Concerning the Trial of Independent Guarantee Disputes (amended 2020, effective 1 January 2021): National Database of Laws and Regulations. Definition of independent guarantee, documentary payment, independence from the underlying transaction, fraud stop-payment and related rules.
- Supreme People's Court Interpretation on the Application of the Security System of the Civil Code (Fa Shi [2020] No. 28, effective 1 January 2021): National Database of Laws and Regulations. Security contracts, guarantee liability and related rules.
- Civil Procedure Law of the People's Republic of China (amended 1 September 2023, effective 1 January 2024): National Database of Laws and Regulations. Preservation and related procedural rules.