A mutual loan between enterprises shall meet the following conditions:
1. The loan contract is concluded in accordance with the law, and there is no case that the loan contract is invalid;
2. The loan is used for the production and operation of the company;
3. The loan behavior is approved by the resolution of the shareholders' meeting or the shareholders' meeting, and the loan amount is in line with the provisions of the company's articles of association.
Two. The company's guaranteed loan process is as follows:
1. The borrower applies for a loan from the bank;
2. The Borrower signs a guarantee contract with the Company;
3 banks review the qualifications of borrowers and guarantee companies to see if they have the ability to repay debts;
4, signed a loan agreement, the bank loans.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses.
Article 11 A legal person or an unincorporated organization raises funds from employees in the form of loans for the production and operation of its own unit, and there are no circumstances stipulated in Articles 144, 146, 153 and 154 of the Civil Code and Article 13 of these Provisions. If the parties claim that the private lending contract is valid, the people's court shall support it.