Loans provided by Nanjing Bank Co., Ltd. include personal consumption loans, small and micro enterprise loans, real estate mortgage loans and vehicle mortgage loans.
How much does Dalian Zhongying Technology Co., Ltd. borrow this year?
Dalian Zhongying Technology Co., Ltd. has a total loan of no more than 39 million yuan this year. 29 million yuan is pledged by directors Liu Yong and Zhao Huan, and the total number of shares held by them does not exceed 22.5 million shares. Liu Yong and Zhao Huan, directors of the company, provide unlimited joint liability guarantee, and Dalian Jiaying Semiconductor Technology Co., Ltd., Dalian Zhongying Financial Equipment Co., Ltd. and Dalian Zhongying Information Technology Co., Ltd. provide unlimited joint liability guarantee. The remaining RMB 654.38+million is pledged with 100% deposit provided by Dalian Zhongying Technology Co., Ltd.
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. 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.
Financial institutions issue loans to joint stock limited companies. Do shareholders who hold 20% of the company need to provide guarantee?
Financial institutions issue loans to joint stock limited companies, and shareholders holding 20% of the shares need to provide guarantees.
Bank loans require legal persons and shareholders of limited liability companies to provide joint and several liability guarantees, which is a requirement put forward by banks in order to control risks.
The reason why banks dare to ask shareholders to do this seems to be to control risks and prevent shareholders from converting company assets into personal property. Its essence is the monopoly position of banks.
Can I use the company's share loan?
Of course. If it is a limited company, the legal representative acts on behalf of the company, and the repayment responsibility after signing the loan contract shall be borne by the company, and the shareholders shall be liable to the company to the extent of their capital contribution. If it is a partnership, the behavior of the legal representative represents the partnership, and the debts of the partnership are jointly and severally liable by each partner, which is also the fundamental difference between a limited company and a partnership. As long as shareholders have not transferred their shares, they are still shareholders of the company and still have obligations and rights. According to Article 149 of the Company Law of People's Republic of China (PRC), directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties shall be liable for compensation.
Does a company limited by shares need shareholders' signatures for loans?
Company loans do not require the signature of shareholders. When an enterprise user applies for an enterprise loan, it generally needs the signature of a legal person. A company can have one or more shareholders, so the signatures of shareholders do not meet the loan conditions of banks. The sole legal person of an enterprise can only be borne by one person from the perspective of jurisprudence or practice. Of course, when applying for an enterprise loan, it is not necessary for a legal person to be present in person, and the legal person can authorize others to sign on his behalf.
Legal basis:
Provisions 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 established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.
Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it.
Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it. The interest agreement between natural persons is not clear, and if the lender advocates paying interest, the people will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people shall determine the interest according to the contents of the private loan contract and the local or the parties' trading methods, trading habits, market quotation and other factors.
Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.
This concludes the introduction of joint-stock company loans and joint-stock company loans. I wonder if you found the information you need from it?