对银行而言,在签订合同时,应当辨别并区分管理性强制性规范与效力性强制性规定,以避免合同因存在违反法律和行政法规的效力性强制性规定而无效长期以来,对于公司类贷款业务,银行几乎都要求作为担保人的公司出具《股东会担保决议》并签署《抵押合同》。经营管理不善的担保人公司常因各种原因导致《股东会担保决议》有瑕疵,从而导致抵押合同是否有效备受争议。本文从最高法院一个以公司《股东会担保决议》与《抵押合同》关系为焦点的典型 For banks, when signing a contract, it should identify and differentiate between the mandatory regulatory requirements and mandatory requirements so as to avoid the contract being invalid due to the existence of violating compulsory provisions of laws and administrative regulations. For a long time, Loan business, almost all banks require the guarantor of the company issued a “shareholder guarantee resolution” and sign a “mortgage contract.” Badly-run sponsor companies often have flaws in the “shareholder guarantee resolution” for a variety of reasons, leading to the controversy over the effectiveness of the mortgage contract. This article from the Supreme Court of a company “shareholder meeting guarantees resolution” and “mortgage contract” as the focus of the typical relationship