The legal person of the company is not allowed to borrow money from the company.
According to the laws of China, a company cannot lend money to directors, supervisors and senior managers directly or through its subsidiaries. However, it is not prohibited to provide loans to legal representatives. If there is no provision in the articles of association that you cannot borrow money from the legal representative and perform certain internal procedures, you can borrow money from the company, and you must have legitimate reasons related to the company's operation and return it within the specified time.
If the legal representative is a shareholder of the company and fails to repay the loan for a long time, it will bear certain consequences. Under the premise of not violating the Articles of Association, shareholders must obtain the consent of all shareholders and perform legal procedures. When borrowing money, shareholders must sign a loan agreement with the company, fulfill the rights and obligations of the borrower according to law, and repay the principal and interest on schedule.
Whether an enterprise as a legal person can lend the company funds mainly depends on whether the registered capital has been put in place.
1. If the registered capital of the company is in place in full, it is ok for the enterprise to borrow money from the legal representative for production and operation and pay a certain capital occupation fee.
Two, if the registered capital of the enterprise is not in place on the one hand, and it is not suitable to borrow from the legal representative on the other hand. Because shareholders have the obligation to fully contribute to the company.
legal ground
Article 115 of the Company Law of People's Republic of China (PRC) * * A company may not provide loans to directors, supervisors or senior managers directly or through its subsidiaries.