Legal situation of the company's borrowing from individuals:
Lending between citizens and non-financial enterprises (hereinafter referred to as enterprises) belongs to private lending. As long as the meaning of both parties is true, it can be considered as valid. However, in any of the following circumstances, it shall be deemed invalid:
1. Enterprises illegally raise funds from employees in the name of lending;
2. Enterprises illegally raise funds from the society in the name of borrowing;
3. Enterprises issue loans to the public in the name of lending;
4. Other acts in violation of laws and administrative regulations.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Thirteenth in any of the following circumstances, the people's court shall consider the private loan contract invalid:
(a) Obtaining loans from financial institutions for lending;
(2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits;
(3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;
(four) the lender knows or should have known in advance that the borrower's loan is used for illegal and criminal activities, but still provides loans;
(5) Violating the mandatory provisions of laws and administrative regulations;
(6) Violating public order and good customs.
Article 22 If the legal representative of a legal person or the person-in-charge of an unincorporated organization signs a private loan contract with the lender in the name of the unit, and there is evidence that the loan belongs to the legal representative or the person-in-charge for personal use, and the lender requests that it be listed as a defendant or a third party, the people's court shall allow it.
If the legal representative of a legal person or the person in charge of an unincorporated organization concludes a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the unit, and the lender requests the unit and the individual to share the responsibility, the people's court shall support it.