A company as a legal person can give loans to individuals. Private lending refers to the financing behavior between natural persons, legal persons and unincorporated organizations, so as long as the company conducts lending activities with individuals according to law and concludes a loan contract according to law, its lending behavior is effective. Legal Basis "Provisions of the Supreme People 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 unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses. Article 10 The people shall support private lending contracts concluded between legal persons and unincorporated organizations or between legal persons and unincorporated organizations for the needs of production and operation, if the parties claim that they are valid, except for the cases stipulated in Articles 146, 153 and 154 of the Civil Law and Article 13 of these Provisions.
Second, is the corporate personal credit at the corporate loan meeting?
Under normal circumstances, corporate loans will require the signature of legal persons, and it is necessary to inquire about the credit information of legal persons and enterprises. If the legal person is still a shareholder, it is necessary to divide the responsibilities according to the relevant situation after signing the contract. When applying for enterprise loans, some banks will require enterprises to provide guarantees, and legal persons or shareholders can provide their own real estate and automobile products as collateral, which makes it easier to apply for loans.
If the enterprise fails to repay the loan on time, the legal person needs to bear corresponding responsibilities to the company according to the subscribed capital contribution. If the enterprise can't repay the loan, its collateral will be auctioned according to law to pay off the debt, so there is no need to bear personal credit information.
What should I pay attention to when applying for corporate loans?
1. Determine the loan amount and loan term.
When enterprises apply for loans, in most cases, the amount and duration of loans must be determined according to the actual situation of enterprises. It is not recommended to borrow too much at one time, which is often overdue and causes unnecessary trouble.
2. Provide appropriate collateral.
If there is a big demand for funds and you want to get a large loan, it is suggested to provide appropriate collateral to the lending institution, so that the loan will be more successful.
3. The business license shall meet the requirements.
If you want to apply for corporate loans, most of them need a business license of one year or more, and it is difficult to apply for a business license that you just applied for.
As for the personal credit investigation of the loan in the name of the company, if it is not an enterprise legal person and is not signed, the enterprise loan will not affect the personal credit investigation, which is incorrect.
What are the procedures for corporate loans?
What procedures and conditions are needed for enterprise loans mainly depends on what kind of loan business the enterprise operates and the requirements of the handling bank or lending institution. Different banks or lending institutions that enterprises apply for will have different procedures and related conditions.
For example, when an enterprise applies for credit loan license, organization code certificate, tax certificate, financial statements and other information, it is enough for Zheng Lao to go to the bank (lending institution) business outlets to find a staff member to handle it.
Fill in the application form and wait for the audit result. As soon as the audit results come out, banks or loan outlets and banks (lending institutions) can sign loan contracts. After signing the contract, the bank (lending institution) will lend money.
The conditions of banks (lending institutions) in enterprise credit loans are generally concerned about whether they meet the standards, whether the business owners (borrowers) have bad credit records, whether the operating time is enough, whether the operation is stable, whether the profit income is good, and so on.
To apply for a mortgage loan, in addition to applying to the business outlets and signing a contract, you also need to go through the mortgage registration procedures. Moreover, the materials prepared must also have relevant documents of collateral. In terms of conditions, in addition to the above, the value of collateral will be required to be sufficient.
How much is the interest on the company loan?
At present, the comprehensive credit granted by SMEs to banks is five years, and the current annual benchmark is 7.05. You can choose different repayment methods according to the specific situation of your own enterprise, such as mortgage and circulation. And now there are basically fluctuations, and the specific fluctuations depend on how your business is doing.
3. Can an enterprise as a legal person obtain a personal loan?
Of course, an enterprise as a legal person can apply for a personal revolving loan, but whether an enterprise as a legal person can apply for a personal revolving loan depends on whether it meets the loan application conditions.
Taking Bank of Communications as an example, the application conditions for personal revolving loan are as follows:
1. Borrower 18-60 years old, with good credit status and no record of malicious loan default;
2. The borrower is an enterprise legal person or shareholder, and has no bad business practices or employment records;
3. The enterprise has been registered and operated for more than two years, has a fixed business place and is in a stable operating condition;
4. The borrower can provide a guarantee recognized by the bank, such as real estate mortgage;
5. Meet other conditions stipulated by the bank.
4. Can the legal representative of the partnership borrow money from financial institutions in his own name?
It depends on the nature of the loan. If the loan is used by the company, it is recommended to borrow in the name of the company. If it is for personal use, you can borrow it in your own name. Of course, you can also use company shares as collateral assets!