Can a company as a legal person mortgage a company?

Legal analysis: without the consent of shareholders, legal persons may not mortgage the company. The mortgage company is a major decision of the company, which generally needs the approval of shareholders who hold more than two-thirds of the voting rights in the shareholders' meeting. However, the mortgage resolution cannot confront a bona fide third party.

Legal basis: Article 103 of the Company Law of People's Republic of China (PRC), when shareholders attend the shareholders' meeting, each share they hold has one vote. However, the shares of the company held by the company have no voting rights.

The resolution of the shareholders' meeting must be passed by more than half of the voting rights held by the shareholders present at the meeting. However, the resolutions of the shareholders' meeting to amend the Articles of Association, increase or decrease the registered capital, and the resolutions of the company's merger, division, dissolution or change of corporate form must be adopted by more than two thirds of the voting rights held by the shareholders present at the meeting.

Article 61 of the Civil Code of People's Republic of China (PRC) According to the provisions of the law or the articles of association of a legal person, the person in charge of civil activities on behalf of a legal person is the legal representative of the legal person.

The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person.

The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart.