The parent company may borrow money from the shareholders of its subsidiaries, but it shall sign corresponding loan contracts, and the loan amount shall not exceed the amount stipulated in the articles of association. The loan contract shall include the basic information of the borrower and the lender, the specific amount of the loan, the repayment method and the repayment period, etc.
Legal objectivity:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws 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 other organizations. These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses. Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When a lender files a lawsuit in a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as 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. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution.