Legal analysis: 1. According to the principle of relativity of contract, when a company applies for real estate mortgage loan in the name of the company, it should go directly to the loan bank to handle the loan formalities. In principle, the signature of the company's shareholders is not required.
Legal basis: People's Republic of China (PRC) Company Law.
Article 39 Shareholders' meetings are divided into regular meetings and temporary meetings.
Regular meetings shall be held on time in accordance with the provisions of the articles of association. If shareholders representing more than one-tenth of the voting rights, more than one-third of the directors, the board of supervisors or the supervisors of a company without a board of supervisors propose to convene an interim meeting, an interim meeting shall be convened.
Article 40 Where a limited liability company establishes a board of directors, the shareholders' meeting shall be convened by the board of directors. When the chairman presiding over the meeting is unable or fails to perform his duties, the vice chairman shall preside over the meeting. When the chairman is unable to perform his duties or fails to perform his duties, more than half of the directors shall elect a director to preside over the meeting.
Where a limited liability company does not have a board of directors, the shareholders' meeting shall be convened and presided over by the executive director.
If the board of directors and the executive director are unable or fail to perform their duties of convening the shareholders' meeting, the board of supervisors or the supervisors of the company without the board of supervisors shall convene and preside over the meeting; if the supervisors fail to convene and preside over the meeting, shareholders representing more than one tenth of the voting rights may convene and preside over the meeting themselves.
2. Does a limited company legal person need the signature of shareholders to borrow money from a bank with the company as collateral? ...
First of all, the legal representative of the company, without the consent of the shareholders' meeting or the board of directors of the company, used the company as collateral to provide guarantee for others to borrow money, which violated the provisions of the Company Law on the prohibition of sexual behavior by directors and senior managers and should be liable for compensation according to law.
Secondly, in specific ways, other shareholders can ask the company's supervisors to file a lawsuit against the legal representative and demand compensation. When the supervisor fails to perform his duties, the shareholders have the right to act according to law in their own name.
If other shareholders sign and agree with the legal representative's behavior, his behavior will be transformed into company behavior. When the debt cannot be repaid, other shareholders do not have to repay it. However, if other shareholders make false capital contributions when the company is established, they shall be liable for repayment within the scope of their capital contributions.
I hope it helps you.
3. Does a limited company legal person need the signature of shareholders to borrow money from a bank with the company as collateral? If the legal person does not repay the loan, do shareholders need to repay it?
First of all, the legal representative of the company, without the consent of the shareholders' meeting or the board of directors of the company, used the company as collateral to provide guarantee for others to borrow money, which violated the provisions of the Company Law on the prohibition of sexual behavior by directors and senior managers and should be liable for compensation according to law.
Secondly, in specific ways, other shareholders can ask the company's supervisors to file a lawsuit against the legal representative and demand compensation. When the supervisor fails to perform his duties, the shareholders have the right to act according to law in their own name.
If other shareholders sign and agree with the legal representative's behavior, his behavior will be transformed into company behavior. When the debt cannot be repaid, other shareholders do not have to repay it. However, if other shareholders make false capital contributions when the company is established, they shall be liable for repayment within the scope of their capital contributions.
I hope it helps you.
4. The legal representative of the company mortgaged the company's property to a bank loan without notifying other shareholders. Is it illegal to get a loan and not use it in the company?
The preliminary procedure of the loan does not conform to the legal procedures, which is an invalid mortgage.
It must be approved and signed by all shareholders present at the meeting before it can take effect. As for not using the company, that's another matter. To be precise, this is loan fraud. Are you satisfied?