Can a legal person borrow money from the company?

If the legal representative is not a director, supervisor or senior manager of the company, he may borrow money from the company; Secondly, if the legal representative is a shareholder of the company, it is necessary to judge whether the act of borrowing money from the company constitutes a withdrawal of capital contribution. In order to evade the provisions of laws and regulations, if the legal representative withdraws capital contribution in full by borrowing, it shall be deemed as withdrawing capital contribution and bear corresponding civil liabilities.

If there is a real loan relationship between the legal representative and the company, it should be protected by law. According to the Civil Procedure Law of People's Republic of China (PRC), if the legal representative refuses to repay the loan, the company may bring a lawsuit to the people's court, requiring the legal representative to repay the loan and pay interest. Finally, when the legal representative borrows money from the company, he should go through relevant procedures, sign a written loan agreement and stipulate the purpose of the loan. The loan period cannot exceed one year, so as not to be considered as an act of withdrawing funds.

According to the above provisions, the company law does not prohibit the provision of loans to shareholders. Shareholders who are not directors, supervisors or senior managers of the company may borrow money.

Legal basis:

Article 115th of the Company Law stipulates that a company may not provide loans to directors, supervisors and senior managers directly or through subsidiaries.

Article 115th of the Company Law stipulates that a company may not provide loans to directors, supervisors and senior managers directly or through subsidiaries.

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.