Legal analysis: Yes. The legal representative of the company is also a natural person, who enjoys civil rights like ordinary citizens and can borrow money. But you can't borrow money privately in the name of the company. The process of handling loans:
1. The borrower shall submit the loan application materials to:
2. Preliminary examination of the application materials submitted by the borrower;
3, through the preliminary examination and credit investigation, in line with the loan approval conditions;
4. If it is approved, notify the borrower to go through relevant procedures such as signing, lending, mortgage or pledge;
5. After the loan contract comes into effect, the loan will be issued.
Legal basis: Article 57 of the Civil Law of People's Republic of China (PRC) * * * A legal person is an organization with capacity for civil rights and conduct, which independently enjoys civil rights and undertakes civil obligations according to law.
Can a legal representative get a loan?
The legal representative can borrow money. The legal representative is a person with corresponding capacity for civil conduct and can make loans in his own name. If it lends money in the name of the company, the legal liability shall be borne by the company, because it can constitute an apparent agency. Article 13 of People's Republic of China (PRC) Company Law The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change. 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.
Can a company as a legal person borrow money?
In China, a company as a legal person can apply for a loan as long as it meets the statutory conditions, that is, the company that handles the loan business must be approved by the People's Bank of China to operate the loan business, hold the License for Legal Person of Financial Institution or the Business License of Financial Institution issued by the People's Bank of China, and be approved and registered by the administrative department for industry and commerce. Moreover, the company must operate for one year and have no bad credit record.
legal ground
General Rules for Loans in People's Republic of China (PRC) Article 21 Lenders must be approved by the People's Bank of China to engage in 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.
What information do you need for enterprise loans?
1. What information do you need for enterprise loans? Enterprise loan application conditions are 60 years old (inclusive); China citizens who have a fixed residence, permanent residence or effective residence in the place where the loan bank is located and have been proved to have full capacity for civil conduct; The borrower and its business entities have a good credit record and willingness to repay, a stable source of income and the ability to repay the loan principal and interest in full and on time; Can provide legal, effective and reliable pledge, mortgage and guarantee recognized by the bank; Have more than one year's working experience and a good working record in the business field, and the operating period is one year (including one year) in principle; The product has other conditions such as market, benefit and good business prospect. Step 1: the applicant initiates a loan application to the lending institution and provides relevant materials; Step 2: the bank examines the borrower's application materials; Step 3: After the internal audit of the bank, both parties sign the loan-related agreement; Step 4: The borrower opens a loan account with the lending institution and withdraws the loan. Materials required for enterprise loans 1, enterprise legal person, individual industrial and commercial households, shareholders holding shares, the company has been operating for one year; 2. Identity certificate: second-generation ID card; 3. Address confirmation: personal address confirmation (electricity/water/gas/telephone, etc. ) and business entity confirmation (lease contract,; 4. Revenue recognition: public and private accounts have been running in the last 6 months; 5. Business confirmation: business license; 6. Real estate confirmation, real estate license or purchase contract, purchase invoice loan contract; 7. Credit history. The legal representative borrows money in his own name, which has nothing to do with the company and cannot execute the company's property. His loan is a personal loan, so he should repay the loan conditions of the legal representative in his own name, provide a stable job and income, and have no bad credit record. Proof of residence, identity card, collateral approved by the bank. 1. Original and copy of business license; Enterprise name and business address (province, city and county) 2. Original and photocopy of organization code certificate; 3. Original and photocopy of tax certificate; 4. A copy of the account opening permit; 5. Copy of the loan card and password (or copy of the query result of the loan card); 6. A copy of the original ID card of the legal representative; Work experience (work experience and position) of the legal representative; 7. Legal person's employment certificate and legal person's resume; The power of attorney of the authorized agent and the original and photocopy of the agent's ID card; 8. Ownership structure (shareholder name, shareholder proportion), registered capital of the enterprise, time of establishment, net assets and total assets of the enterprise (ten thousand yuan); 9. A copy of the Articles of Association; Introduction of the company's business development (mainly explaining the business development mode, settlement mode and the competitiveness of products in technical quality); 10, a copy of the capital verification report; The audited financial statements of the company in the last three years (including complete notes) and the financial statements in the last three months; 1 1, real estate area, purchase value (ten thousand yuan), real estate furniture; 12, the most important equipment name, the most important equipment quantity, the most important inventory name and the most important inventory quantity; 13. Accounts receivable (ten thousand yuan); 14, total bank loans (ten thousand yuan), total other loans (ten thousand yuan); 15. Total loan amount (ten thousand yuan), project purpose and feasibility report; 16, the types of guarantee that can be provided (residential mortgage, store mortgage, industrial plant, enterprise guarantee, inventory pledge, accounts receivable pledge and other ownership certificates). ); Counter-guarantee measures to be provided; Loan application; 18. The resolution of the shareholders' meeting or the resolution of the partners' meeting when the enterprise decides to apply for loan guarantee; 19, the original and photocopy of the production and operation license for special industries; 20. basic account Bank. What information do you need for enterprise loans? The establishment of a company needs funds, and the company also needs funds in the process of operation and management. The expansion of the company is a process from financing to expansion and then from financing to expansion, so the financing of the company is very important. The company's loan to the bank is also a financing method, so the company should also know something about loans.
How to borrow corporate loans?
Application steps for corporate loans: 1. The applicant submits a loan application to the lending institution and provides relevant materials; Two, the bank to review the application materials of the borrower; 3. After the internal audit of the bank, both parties sign the loan-related agreement; 4. The borrower opens a loan account with a lending institution and withdraws the loan. Article 27 Mode of contribution of the Company Law Shareholders may make contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary property that can be transferred at a fixed price according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations. Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.