Legal analysis: a joint stock limited company generally needs the signature of shareholders to lend money to a bank, but sometimes it does not necessarily need the consent of all shareholders to lend money. The specific circumstances shall be determined according to the provisions of the articles of association. If the articles of association stipulate that more than a few percent of shareholders can sign, it can be implemented in accordance with the articles of association, and all shareholders do not need to sign.
Legal basis: Company Law of People's Republic of China (PRC) Article 1 This Law is formulated for the purpose of regulating the organization and behavior of companies, protecting the legitimate rights and interests of companies, shareholders and creditors, maintaining social and economic order and promoting the development of socialist market economy.
2. Does the spouse of the shareholder need to go to the bank to sign the IOU?
Show the articles of association. If there are no special provisions in the articles of association, all shareholders need to sign.
Bank loans refer to:
(1) An economic behavior in which banks lend funds to people in need at a certain interest rate according to national policies and return them within the agreed time limit.
(2) Moreover, in different countries and different development periods of a country, the types of loans classified according to various standards are also different.
(3) For example, American industrial and commercial loans mainly include ordinary loan limit, working capital loan, standby loan commitment and project loan, while British industrial and commercial loans mostly take the form of bill discount, credit account and overdraft account.
3. Do all shareholders have to agree to the bank loan?
It depends on your articles of association. If it is clearly stipulated in the articles of association that all shareholders must sign or two-thirds of shareholders must sign, it must be implemented in accordance with the terms.
4. Do you need shareholders' consent to borrow money from banks?
In the name of the company, banks do not need to provide documents agreed by shareholders, and there is no such provision in law.
If the company has such regulations, it should abide by them from the perspective of internal management, but if the company's operators violate the company's internal regulations to lend abroad, the loan effectiveness will not be affected.
###################################################################
Lawyer's tip:
The judgment of online consultation is only based on the content provided by the consultant for reference. If the case is complicated, you'd better consult a lawyer.
Due to the limited time and energy, the telephone number on the right is limited to Beijing, and you can also call if you have the intention to entrust a foreign agent. Please explain the purpose after connection.