The normal procedure is that the borrower signs first, and then the bank seals the loan.
When lending money, if it is entrusted payment, signing generally requires the borrower to sign at the counter and hand over the loan information, such as the real estate license loan contract. Strict practice is to sign the handover list after handover.
II. The company loan shall be subject to the loan signed by the legal representative to the bank.
Legal analysis: enterprises need to borrow money from banks, and do not necessarily need the signature and seal of the legal representative. Whether they need to sign it depends on whether there is an agreement in the contract. If the contract does not clearly stipulate that it must be signed, stamping is also possible; If the contract does not clearly stipulate that the signature or seal of the legal representative is valid, it can also be authorized by the legal representative in advance and signed by the authorized person.
Legal basis: People's Republic of China (PRC) Company Law.
Article 3 A company is an enterprise legal person, which has independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Article 13 The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
3. Does the company need the signature of the legal representative to lend money to the bank?
Does the company have to be signed by the legal representative to borrow money from the bank? Whether it is necessary to sign, whether it is necessary for the legal representative to sign himself, depends on whether there is an agreement in the contract. If the contract does not clearly stipulate that it must be signed, stamping is also possible; If the contract does not clearly stipulate that the signature or seal of the legal representative is valid, it can also be authorized by the legal representative in advance and signed by the authorized person.
4. Does the company have to be signed by the legal representative when it lends money to the bank?
The loan contract does not require the signature of shareholders. If the loan procedure involves the resolution of the shareholders' meeting or the board of directors (see the Articles of Association), it will involve the signature of shareholders or directors. Another fact is that private enterprise financing often involves major shareholders as guarantors.