What restrictions do borrowers have when lending money?
(1) The borrower shall not borrow from different branches of the lender in the same jurisdiction at the same time.
(2) the obligation to inform. The borrower shall not provide the lender with false production and operation information, such as balance sheet, income statement, etc., to prevent the borrower from using false production and operation information to borrow loans that are not commensurate with its repayment ability, thus affecting the capital security of financial institutions.
(three) the borrower shall not use the loan to engage in equity investment. Except for a few cases as otherwise stipulated by the state, China's company law, relevant enterprise law and enterprise registration system clearly stipulate that the parties concerned must have a statutory minimum registered capital to set up a company or other enterprises (including as shareholders of the company). When these funds are registered, they must be accompanied by capital verification certificates from relevant banks and certified public accountants.
(four) the borrower shall not use the loan to engage in securities and futures speculation.
(five) in addition to the borrower who has obtained the qualification of real estate business according to law. No other unit or individual may engage in real estate business with loans; Borrowers who have obtained real estate business qualifications according to law shall not use loans to engage in real estate speculation.
(six) the borrower shall not seek illegal income by borrowing loans. The General Principles of Loans stipulates that the borrower shall not transfer the original loan price (interest rate) as an intermediary, which will raise the interest rate in the financing market and affect the stability of the financial market.
(7) The borrower shall not use foreign exchange loans in violation of the provisions of the State on foreign exchange control. Before the RMB is fully convertible, the state will still supervise foreign exchange funds and restrict the qualifications of foreign exchange institutions to ensure the orderly and safe flow of foreign exchange funds.
The obligations of the borrower in the loan contract
(a) the borrower needs to fulfill the obligation of information disclosure.
The information disclosure of the borrower refers to the activity that the borrower provides the lender with real information about the business activities and financial status related to the loan according to the lender's need to know its credit status in the process of concluding the loan contract.
In the process of concluding a loan contract, the borrower first needs to apply to the lender, and the lender also needs to carefully understand the borrower's application, especially the necessity and feasibility of the loan and the borrower's credit standing, so as to ensure the safety and efficiency of the loan activity.
(2) The borrower's obligation to collect the loan according to the contract.
The borrower needs to collect the loan according to the agreed date and amount.
(3) The borrower's obligation to use the loan as agreed in the contract.
According to the provisions of the Civil Code, if the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
(4) The borrower also needs to pay interest as agreed.
(5) The borrower's obligation to repay the loan on schedule.
According to the Civil Code, the borrower shall repay the loan within the agreed time limit. If there is no agreement or the agreement is unclear, it needs to be determined according to Article 5 10 of the Civil Code, and the borrower can return it at any time. The lender may urge the borrower to return it within a reasonable period of time.
Although it is troublesome to borrow money from financial institutions, it still benefits borrowers a lot, such as allowing business people to use it for working capital; Entrepreneurs use it as start-up capital; Can be used by property buyers to pay for the house and so on. So it's worthwhile. Don't borrow it because of trouble. This is illegal and risky. China travel. Com also provides online consulting services for lawyers. You are welcome to have legal consultation.
Shareholders of joint-stock banks can borrow money from this bank.
Shareholders of joint-stock banks can borrow from their own banks, that is, from related parties. Commercial banks may not issue credit loans to related parties; The conditions for granting secured loans to related parties shall not be superior to those for similar loans of other borrowers. As long as effective guarantees are provided, loans can be issued within the bank's credit line.
Related parties refer to:
(1) Directors, supervisors, managers, credit business personnel and their near relatives of commercial banks;
(2) Companies, enterprises and other economic organizations in which the personnel listed in the preceding paragraph invest or hold senior management positions.
Banking laws in many countries restrict banks from granting loans to related parties. Although the definitions of related parties are different in banking laws of different countries, they generally refer to people who have a special close relationship with banks.
How much money can a company's shareholders borrow for business loans?
The company has been operating for 1 many years, and the maximum amount in enterprise credit loans is 5 million yuan. The amount of loans mainly depends on the operating conditions and income of enterprises.
The operating loan amount is very high, with a maximum amount of 6,543,800 yuan.
Some commercial banks and lending institutions can even borrow 30 million yuan, but not every enterprise can borrow such a high amount. The amount of operating loans is generally the responsibility of the branches of commercial banks.
Conditions of the company's shareholder loan
The conditions are as follows:
First of all, time limit
Different enterprise legal persons applying for loans, whether individual industrial and commercial households or shareholders, must be in business for one year before they can apply.
Second, submit basic information.
The applicant's second-generation ID card and personal address certificate (including various daily expenses such as water and electricity charges and enterprise legal person certificate) must be submitted. The certificate must be legal, authentic and valid.
3. Submit business certificate and income certificate.
Submit the business license certificate provided by the relevant state institutions and the account operation information in the last 6 months.
Fourth, submit the real estate license.
Mainly submit the real estate license or purchase contract, purchase invoice and loan contract to prove that the personal residence meets the audit requirements at one time.
Verb (abbreviation for verb) credit record
When a legal person borrows money in the name of an individual, it cannot conduct corporate finance. It needs personal work certificate, income certificate, bank flow information in recent months, whether there is any bad record of personal credit, and whether the lender has any record of major violations. This is an important content that financial lending institutions should consider.
1. What is the corporate loan amount?
1. The maximum enterprise loan can reach 20 million yuan.
2. Corporate loans are subject to circulating credit within the quota, which can be repaid with the loan and reused within the available quota.
Second, the personal loan matters needing attention
1. Don't use the provident fund before applying for a loan. If the borrower takes the balance of the provident fund to pay the house payment before the loan, the balance of the provident fund in your provident fund account will be zero, and your provident fund loan amount will be zero, which means you will not apply for a provident fund loan.
2. Don't repay the loan in advance in the first year. According to the relevant provisions of the provident fund loan, part of the prepayment should be made one year after the repayment, and the amount you return should exceed the repayment amount of six months.
Don't lose the loan contract and IOUs. To apply for a mortgage loan, the loan contract signed between the bank and you and the iou are all important legal documents. As the loan term can be as long as 30 years, as a borrower, you should take good care of your contracts and IOUs.
Don't forget to find the bank around you if you have difficulty repaying the loan. Don't insist on it yourself when your solvency drops during the loan period and it is difficult to repay. ICBC customers can apply to ICBC for extending the loan term. According to our investigation, if there is no default in loan principal and interest, we will accept your application for extension.
5. Don't forget to inform when renting a house after the loan. When renting a mortgaged house during the loan period, the lessee must be informed of the mortgage facts in writing.
6. Don't forget to cancel the mortgage after the loan is paid off. When you have paid off all the loan principal and interest, you can go to the district or county real estate trading center where the real estate is located to cancel the mortgage with the bank's loan settlement certificate and other real estate rights certificates of the mortgaged real estate.