Companies can lend money to individuals. But it needs the approval of the shareholders' meeting, the shareholders' meeting or the board of directors.
Second, the loan is recommended to be transferred by cheque. If the amount is small, you can write an iou. If the amount is large, it is recommended to write a loan agreement.
Three. According to the Company Law of People's Republic of China (PRC)
Article 148 Prohibited acts of directors and senior managers
Directors and senior managers shall not commit the following acts: (1) misappropriating company funds;
(2) Opening an account for the company's funds in its own name or in the name of other individuals. (3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association; Misappropriation of company funds; etc
2. Can the company lend money to shareholders?
Legal analysis: whether a shareholder can legally apply to the company depends on whether it conforms to the relevant articles of association, and on this basis, it is unanimously recognized and agreed by other shareholders. Through relevant legal procedures, it is mainly protected by law, otherwise it is not protected by law. When a shareholder borrows money from the company, it must fulfill the necessary determination that the registered capital has fled or abused the shareholders' rights.
Legal basis: Article 148 of People's Republic of China (PRC) Company Law (1) Directors and senior managers misappropriate company funds or open accounts in the name of other individuals for storage; (3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association; With the consent of the shareholders' meeting and the shareholders' meeting, enter into a contract or conduct a transaction with the company; (five) without my consent, take advantage of his position to seek business opportunities belonging to the company for himself or others, and run the same business for himself or others as the company he works for; (6) Accepting transactions between others and the company and revealing company secrets; (8) Other acts that violate the obligation of loyalty to the company. The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.
3. Is it legal for shareholders to lend money to the company?
It is legal for shareholders to borrow money from the company. Except the following cases: 1. Shareholders serve as directors, supervisors and senior managers at the same time; 2. Shareholders abuse the independent status of the company as a legal person and the limited liability of shareholders to evade the purpose of debt and borrow money from the company; 3. Other circumstances. The company enjoys all legal person property rights formed by shareholders' investment. After the shareholders invest the relevant property in the company by way of capital contribution, the ownership of the property is transferred and becomes the property of the company, and the company enjoys the right to possess, use, benefit and dispose of its property according to law. Shareholders' borrowing from the company needs to be carried out in combination with certain legal provisions, because the handling of such problems is sensitive, and if it is not handled properly, it will lead to the loss of their own interests. In addition, it is the enterprise they belong to, and the relevant shareholders' meeting will conduct a certain investigation on the handling of such problems, which seriously violates the criminal law. Legal basis: Article 115th of the Company Law of People's Republic of China (PRC). The company may not provide loans to directors, supervisors and senior managers directly or through subsidiaries. Article 116 of the Company Law of People's Republic of China (PRC) * * A company shall regularly disclose the remuneration of its directors, supervisors and senior managers to shareholders. Article 20 of the Company Law of People's Republic of China (PRC) 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.
4. Can shareholders lend money to the company? Is it legal for a company to borrow money from shareholders?
Yes, you can.