Legal analysis: Specific analysis, 1, a joint stock limited company generally needs the signature of shareholders to borrow money from a bank, but sometimes it does not necessarily need the consent of all shareholders. 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. 2. The resolution of the shareholders' meeting refers to the resolution made by the shareholders' meeting of a limited liability company on the matters discussed according to its functions and powers. Under normal circumstances, when making a resolution at the shareholders' meeting, the principle of "capital majority decision" is adopted, that is, shareholders exercise their voting rights in proportion to their capital contribution. However, when making a resolution on the transfer of capital contribution by shareholders to persons other than shareholders, it must be agreed by more than half of all shareholders. This shows that the limited liability company has both the nature of "human cooperation" and "capital cooperation"
Legal basis: Provisions of the Supreme People's Government on the Application of the Company Law of People's Republic of China (PRC) (2) Article 1 Shareholders who individually or collectively hold more than 10% of all shareholders' voting rights of the company bring a lawsuit to dissolve the company for one of the following reasons, which is in line with the provisions of Article 182 of the Company Law: (1) The company has been unable to convene a shareholders' meeting or shareholders' meeting for more than two years, and the company's operation and management has encountered serious difficulties; (2) Shareholders fail to reach the proportion stipulated by law or the articles of association when voting, and cannot make effective resolutions at the shareholders' meeting or shareholders' meeting for more than two years, resulting in serious difficulties in the operation and management of the company; (3) The directors of the company have long-term conflicts, which cannot be resolved through the shareholders' meeting or shareholders' meeting, resulting in serious difficulties in the company's operation and management; (4) There are other serious difficulties in operation and management, and the continued existence of the company will cause great losses to the interests of shareholders. If a shareholder brings a lawsuit to dissolve the company on the grounds that his rights and interests, such as the right to know and the right to claim profit distribution, are damaged, or the company suffers losses, and the property is not enough to pay off all debts, and the company's Business License for Enterprise as a Legal Person has been revoked without liquidation, the people will not accept it.
Second, the company loan needs the signature of shareholders?
If all signatures cannot be obtained, a general meeting of shareholders can be held in accordance with the provisions of the Company Law. The attendees are shareholders and senior management of the company, shareholders have the right to vote, and other personnel attend the discussion and put forward suggestions. Finally, the shareholders decided to vote. 80% passed, and it is possible to implement the resolution to borrow money. However, if shareholders ask the company to buy back their shares in the loan procedure, they need to stop all foreign loan procedures until the division is completed. According to the relevant provisions of the Company Law, if the company has major business activities, it can only be implemented after being voted by the shareholders' meeting or the shareholders' meeting. If the number of people voting at the meeting exceeds the specified number, for example, more than two thirds, the chairman or general manager can sign for it and go through the relevant formalities. Of course, if the shareholders are not optimistic about the form of guarantee, it is normal for them to withdraw their shares at this time and demand share split, which should be approved. A few objections do not affect the operation of the company, but improper handling can easily turn into internal contradictions, which need to be properly handled. It is better to do the ideological work of shareholders, otherwise the loan will be done, the backyard will catch fire, resulting in abnormal capital chain, and 80% of the shareholders who agree may suffer serious losses.
3. Does the company loan need the signature of shareholders?
The specific circumstances shall be determined according to the provisions of the articles of association. If the company's articles of association stipulate that more than a few percent of shareholders can sign, it can be implemented in accordance with the company's articles of association, and it is not necessary for shareholders to sign. Shareholders, that is, investors or investors of joint-stock companies, as investors, enjoy the rights of owners to share benefits, make major decisions and choose managers according to the amount of investment (unless otherwise agreed by shareholders). When an enterprise user applies for an enterprise loan, it generally needs the signature of a legal person. A company can have one or more shareholders, so the signatures of shareholders do not meet the loan conditions of banks. The sole legal person of an enterprise can only be borne by one person from the perspective of jurisprudence or practice. The shareholders' meeting is the highest authority of the company, and the resolutions made by the shareholders' meeting according to law have legal effect. However, the resolution made by the shareholders' meeting should be legal in procedure and content and conform to the provisions of the company's articles of association, otherwise the effectiveness of the resolution may be affected. Legal basis: Article 16 of the Company Law: If a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the 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. State-owned enterprises have the right to operate independently and decide to provide loan guarantees for their subsidiaries.
4. Does the company's mortgage loan require the consent of all shareholders?
The loan of a joint-stock company does not need the signature of shareholders, but only the signature of the legal representative.