Does the enterprise's external borrowing mean lending?

Legal analysis: 1. What are the provisions of the company law on foreign loans? Requires the approval of shareholders or the board of directors. 2. Whether shareholders can borrow money from the company According to the relevant provisions of the Company Law, 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. The company lends money to shareholders, which is the embodiment that the company enjoys property ownership according to law. This relationship between shareholders and the company belongs to the loan relationship, and the legal loan relationship is protected by law. The company enjoys corresponding creditor's rights to the legally lent funds, and the borrowing shareholders bear corresponding debts according to law. In the absence of sufficient evidence, it can't be considered as a shareholder's withdrawal of capital contribution just by borrowing from the company, but it belongs to ordinary borrowing behavior. However, if the loan activity violates the relevant provisions of financial management and financial system, the relevant departments should investigate and deal with it.

Legal basis: People's Republic of China (PRC) Company Law.

Article 6 To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company. Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered. The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.

Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company. The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters. Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.

Article 8 A limited liability company established in accordance with this Law must indicate the words limited liability company or limited company in its name. A joint stock limited company established in accordance with this law must indicate the words joint stock limited company or joint stock company in its name.