Legal analysis: a company as a legal person cannot borrow money from the company. It is not prohibited to provide loans to the legal representative. If the company's articles of association do not prohibit the legal representative from borrowing money, he can borrow money from the company by performing certain internal procedures. There must be a legitimate reason (related to the company's operation) and return it in time. The capital contribution certificate issued by a limited liability company to shareholders shall be sealed by the company; Article 155 stipulates that when a company issues physical bonds, it shall be signed by the legal representative and sealed by the company. In other words, under normal circumstances, affixing the company seal is not a necessary condition for the relevant legal documents of the company to take effect. Only when the law makes special mandatory provisions can a document without the company seal be deemed to have no legal effect. Therefore, for private lending contracts, if it is clearly stated in the contract that the borrower is an enterprise and there is no evidence to prove that the actual purpose of the loan is the personal legal representative, even if the contract is signed by the legal representative without the company's seal, it should usually be considered that the company rather than the personal legal representative is the party to the lending contract.
Legal basis: Article 115th of the Company Law of People's Republic of China (PRC). The company may not provide loans to directors, supervisors and senior managers directly or through subsidiaries.