Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 23 If the legal representative or person-in-charge of an enterprise signs a private lending contract with the lender in the name of the enterprise, and the lender, the enterprise or its shareholders can prove that the borrowed money is for the personal use of the legal representative or person-in-charge of the enterprise, and the lender requests that the legal representative or person-in-charge of the enterprise be listed as a co-defendant or a third party, the people's court shall allow it.
If the legal representative or person in charge of an enterprise signs a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the enterprise, and the lender requests the enterprise and the individual to share the responsibility, the people's court shall support it.