公司作为营利性的法人主体,在运营过程中经常需要为了经营便利而进行资金的借贷;而债权人在提供资金时为了资金安全一般会要求债务人提供担保。债务人在寻求担保的过程中,为了达到效益最大化,在有全资子公司的情况下极有可能由子公司提供担保。但是,对于这种极易发生的情况,我国目前现有法律规定略有不足。本文即针对这一情况作简要分析。 As a for-profit legal entity, a company often needs to borrow money for business convenience during its operation. Creditors generally require the debtor to provide guarantee for the safety of funds when providing funds. In the process of seeking guarantee, the debtor is most likely to provide guarantees by its subsidiaries in the case of a wholly-owned subsidiary in order to maximize its profit. However, for this kind of situation that is extremely prone to occur, there is a slight lack of existing laws and regulations in our country. This article is a brief analysis of this situation.