Whether an enterprise as a legal person can lend the company funds mainly depends on whether the registered capital has been put in place. If the registered capital of the company is fully in place, it is ok for the enterprise to borrow money from the legal representative for production and operation and pay a certain capital occupation fee in order to raise funds. If on the one hand, the registered capital of the enterprise is not in place, and on the other hand, it is inappropriate to borrow money from the legal representative.
If the legal representative is a shareholder of the company who has not repaid the loan for a long time, the shareholder shall go through legal procedures with the consent of all shareholders on the premise of not violating the articles of association. Shareholders should sign a loan agreement with the company, fulfill the rights and obligations of the borrower in accordance with the law, and repay the principal and interest on schedule.
Legal basis: People's Republic of China (PRC) Company Law.
Article 13 The legal representative of a 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 16 The company's investment in other enterprises or providing guarantee for others shall be decided by the board of directors or shareholders' meeting in accordance with the provisions of the company's articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.
Article 115 A company may not provide loans to directors, supervisors or senior managers directly or through subsidiaries.