The company's equity cannot be mortgaged. The company's equity belongs to the real right, and it can only be registered as pledge. Shareholders may pledge their equity according to law, and the pledge right shall be established at the time of pledge registration. The equity shall not be transferred after the pledge, except that the pledgor and the pledgee agree through consultation.
legal ground
Article 425 of the Civil Code of People's Republic of China (PRC) guarantees the performance of the debt. If the debtor or a third party transfers his chattel to the creditor for possession, and the debtor fails to perform the due debt or realize the pledge according to the agreement of the parties, the creditor has the right to be paid in priority for the chattel. The debtor or the third party specified in the preceding paragraph is the pledger, the creditor is the pledgee, and the delivered movable property is the pledged property. Article 443rd Where a fund share or equity is pledged, the pledge right shall be established at the time of pledge registration. After the pledge, the fund share and equity shall not be transferred, except that the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the fund share and equity transfer.
Can the company equity be mortgaged?
Company equity can apply for mortgage loan. Application process of equity mortgage loan: 1. The equity borrower applies to the lending institution and submits relevant materials; Two, the equity borrower and lender shall sign a written loan contract, and the equity pledger and lender shall sign a written equity pledge contract. The equity pledge contract can be concluded separately or incorporated into the loan contract as a guarantee clause; 3. Within the agreed time after the signing of the equity pledge contract, the equity parties shall, by virtue of the equity pledge contract, register the equity pledge with the equity pledge registration institution (the administrative department for industry and commerce registered by the equity issuing company), and hand over the equity to the equity pledge registration institution for safekeeping within the time limit agreed in the contract; Four, apply for the registration of equity pledge, submit materials to the administrative department for Industry and commerce; 1. Application for Registration of Establishment of Equity Pledge signed or sealed by the applicant; 2. A copy of the register of shareholders of a limited liability company that records the name of the pledgor and its capital contribution, or a copy of the shares of a joint stock limited company held by the pledgor (both must be stamped with the company seal); 3. Pledge contract; 4. Copies of the pledgor and pledgee's subject qualification certificates or the identity certificates of natural persons (if the pledgor and pledgee belong to natural persons, they shall be signed by themselves; if they belong to legal persons, they shall be stamped with the legal person's seal, the same below); 5. If other materials required by the State Administration for Industry and Commerce are handled by a designated representative or an entrusted agent, a certificate of the applicant's designated representative or entrusted agent shall also be submitted. V. The Lender handles the loan according to the loan contract and relevant certification documents of equity pledge; Note: The ownership of bonus shares and cash dividends generated during the equity pledge period is stipulated in the pledge contract. Before the debt expires, neither the pledgor nor the pledgee can handle bonus shares and cash dividends, but should entrust the equity pledge registration agency to keep them on their behalf, and the cash dividends will be paid by the equity pledge registration agency according to the bank deposit interest rate. This law is based on the Company Law.
How many shares can a company's shareholders hold for loans?
How many shares can a company's shareholders borrow? Under normal circumstances, personal business loans require more than 20% of the shares, and even some banks can communicate with each other if they hold 10% of the shares. Some banks require signatures from other shareholders, while others do not. It depends on the supporting products and corresponding policies. Applications for commercial loans are mainly divided into: personal commercial loans, corporate commercial loans, corporate guaranteed loans and other products. According to the scenario, for personal business loans, the borrower is an individual and the enterprise is only an auxiliary role. The minimum requirement is 20% shares. For the family business, it can also be a non-company shareholder or a non-company share, which can prove the relationship with the enterprise. For commercial loans, the borrower is the enterprise. Generally speaking, if there is no direct relationship between enterprises and real estate, or owners and non-enterprise shareholders can make different loans through a third party, in this case, it is a corporate credit report and a corporate guaranteed loan. In this case, you may not hold 100% of the shares, but you must be an enterprise legal person or a major shareholder of the enterprise. When applying for a loan, you need not only the approval of the bank, but also the consent of the financing guarantee company. Article 20 of the Company Law stipulates that shareholders of a company shall abide by laws, administrative regulations and articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.
Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law.
Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.
Can the company's shares be loaned? Let's stop here.