Extended data:
Enterprises can achieve financing through the following legal channels:
(1) Enterprises can achieve financing through entrusted loans:
According to Article 1 of the Notice on Issues Related to Entrusted Loan Business of Commercial Banks formulated by the People's Bank of China, entrusted loans refer to loans provided by customers such as government departments, enterprises, institutions and individuals, which are issued, supervised and recovered by commercial banks (that is, trustees) according to the loan object, purpose, amount, term and interest rate determined by customers. Commercial banks only charge fees when they start entrusted loan business, and shall not bear any form of loan risk. Therefore, enterprises can realize enterprise financing through entrusted loans.
(2) enterprises can achieve financing through trust loans:
According to the provisions of the Trust Law and the Notice of the People's Bank of China on Relevant Issues Concerning the Implementation of the Measures for the Administration of Trust and Investment Companies, an enterprise may, as the principal, lend to another enterprise in the form of a trust loan, so as to realize the legal financing of the enterprise.
(3) In practice, some enterprises also realize enterprise financing by changing the borrower, after existing loans, and paying for repurchase.
How to treat mutual lending between enterprises
At present, the mainstream view on the validity of inter-enterprise loan contracts is invalid. The reason is that although the General Principles of the Civil Law, the Contract Law, the original Economic Contract Law, the Loan Contract Regulations and other laws and regulations do not clearly stipulate the legality and effectiveness of inter-enterprise lending, the traditional policies on this issue, especially departmental regulations, are not allowed.
(1) Article 2 of the General Rules for Loans issued by the People's Bank of China on1June 28, 1996 and implemented on1August 28, 1996 stipulates that the lender mentioned in these General Rules refers to a legally established Chinese-funded financial institution engaged in loan business in China. For "legally established", Article 21 of the General Rules for Loans clearly stipulates that the lender must be approved by the People's Bank of China to operate the loan business, hold the Legal Person License for Financial Institutions or the Business License for Financial Institutions issued by the People's Bank of China, and be approved and registered by the administrative department for industry and commerce. Article 61 also stipulates: "Administrative departments at all levels, enterprises and institutions, cooperative economic organizations such as supply and marketing cooperatives, rural cooperative foundations and other foundations shall not engage in financial businesses such as deposits and loans. Enterprises shall not handle lending or disguised lending financing business in violation of state regulations. " Accordingly, lenders should be financial institutions, which refer to Chinese-funded commercial banks, trust and investment companies, enterprise group finance companies, financial leasing companies, urban and rural credit cooperatives and other financial institutions engaged in loan business established in China. Based on the above provisions, the Supreme People's Court stipulated in the "Reply on how to deal with overdue loans of borrowers in enterprise loan contracts" (Fa Fu [1996]No. 15): "An enterprise loan contract violates relevant financial regulations and is an invalid contract."
(2) the Supreme People's Court's "Reply on how to deal with overdue loans of corporate loan contract borrowers" clearly stipulates: "Corporate loan contracts that violate relevant financial laws and regulations are invalid contracts. If the borrower fails to repay the principal after the expiration of the contract, and the parties bring a lawsuit to the people's court, the people's court shall issue a judgment of the Supreme People's Court Law (Jing) No.27 in addition to the judgment in accordance with the relevant provisions of Item 2 of Article 4 of the Answer to Several Issues Concerning the Trial of Disputes over Joint Venture Contracts, and collect the interest from the agreed repayment due date to the date when the court finds that the borrower has repaid the principal. If the borrower fails to repay the principal within the time limit determined by the judgment, it shall double the interest during the period of delay in performance in accordance with the provisions of Article 232 of the Civil Procedure Law of People's Republic of China (PRC). "