Illegal.
China's general loan rules:
The borrower shall not use the loan to engage in equity investment, unless otherwise stipulated by the state. Do not use loans to engage in securities and futures speculation.
Simply put, it is illegal to use loan funds to invest in stocks and stocks. At the same time, there are corresponding clauses in the loan contract. When banks conduct due diligence on loans, they will also know in detail the specific uses of loans. If you conceal the purpose of the loan, you need to bear the corresponding legal responsibility.
On personal nominal loans operated by companies
Applying for a loan from a bank in the name of an individual for the operation of the company is called a personal business loan. Applying in the name of an individual, the company's operating income is the source of repayment.
The requirement of this loan is that you are the legal person or shareholder of the company, or you can be the actual controller (the company needs to provide a certificate and all shareholders and legal persons sign it), and the company can operate normally.
The CBRC stipulates that more than 300,000 yuan should be paid by trust, that is, the money will not be transferred directly to your account, but to the upstream and downstream companies that cooperate with your company. This is the only supervision.
The bank has no direct relationship with the judiciary. As long as you repay the loan normally, the bank will not solve the problem through legal channels, so there is no legal obstacle.
1, the extension of "management" in "management" Generally speaking, according to the nature of enterprise management, marketing production is called "operation" and other management contents are called "management".
Enterprise trainer Wang Junheng can understand operation management in this way. Enterprise operation includes two main links: operation refers to the behavior of enterprises in market activities, while managed enterprises straighten out their work processes and find problems.
Management permeates each other, and we often put management together. The actual situation is that the scientific decision-making process in management is the infiltration of management, and the management consciousness in management can be said to be the embodiment of emotional intelligence. It is a misunderstanding to strictly distinguish between operation and management, and it is also a sign of retreat.
2. The operation is external, and the pursuit of obtaining resources from outside the enterprise and establishing influence; Management is internal, emphasizing the integration of internal resources and establishing order. The pursuit of management is efficiency, open source and making money; Management pursues efficiency, cuts expenses and controls costs. Management is expansionary, so we should be aggressive, seize opportunities and be bold; Management is convergent, so we should be cautious again, and we should evaluate and control risks.
Management and operation are inseparable. Management, like yin and yang in an enterprise, "he" and "she" must exist and seek mutual unity in contradiction: where there is light, there must be a shadow, and there must be light in the shadow; Operation and management are also interdependent and inseparable. Neglect of management can not last long, nor can it last. How much money did you earn and how much money did you waste? "Draw water with a sieve" is a waste of effort.
3. Business is the leader, management is the foundation, and management must serve business. If an enterprise wants to make great achievements, it must first pay attention to management, study the market and customers, and provide targeted products and services for target customers; Then basic management must keep up. Only when management keeps up, can management continue to advance, and after management advances, it will put forward higher requirements for management level. Therefore, the law of enterprise development is: management-management-management advances alternately, just like people's left foot and right foot. If we put aside management and focus on management, it will not work. Management will hold us back and management will not advance. On the contrary, if we put aside management and focus on management, we will stagnate or even go backwards.
What about loans in the name of individuals and enterprises?
1 Personal loans can be used for business operations, and there are corresponding products. The loan ratio can reach 80% of the assessed value, and so can shareholders. Generally, it only depends on the articles of association.
So no problem, unless you use the assets of the enterprise as a loan, of course you can entrust it.
How do individuals make entries from bank loans to enterprises, and how do enterprises pay interest to make entries?
1. The debtor of the personal loan bank is an individual, and the signing of the contract is between the individual and the bank, so this process does not need to be recorded and belongs to business outside the enterprise.
2. Individuals
Lend money to the company in the name of an individual, and the bank pays the supplier directly. How to make accounts and how to repay the loan interest?
Debit: financial expenses, loan: bank deposit (or cash on hand).
An enterprise legal person or shareholder borrows money from a bank in its own name and then uses the money for the production and operation of the enterprise. Although the funds are used for the business activities of the enterprise, it is not the enterprise that borrows money from the bank, and the interest on the bank loan is charged to the borrower. The principal and interest of the loan are paid by the enterprise to the individual, and then returned to the bank by the individual. In essence, individuals borrow money from banks and then lend it to enterprises.
Provisions on pre-tax deduction of interest on loans from enterprises to individuals: Article 6 of the Provisional Regulations on Enterprise Income Tax in People's Republic of China (PRC) stipulates that "the interest expenses incurred by taxpayers in lending to financial institutions during production and operation shall be deducted according to the facts; It is allowed to deduct the loan interest expenses of non-financial institutions not higher than the amount calculated according to the similar loan interest rate of financial institutions in the same period. " If the company's personal loan interest is paid according to the bank's loan interest for the same period, it can be deducted in full before tax. If it is higher than the bank's loan interest rate for the same period, tax adjustment should be made. For interest, whether it should be treated as financial expenses or capitalization should be determined according to the purpose of borrowing, and the interest of general working capital loans should be treated as financial expenses. An invoice must be provided to record interest, and the lender can apply to the tax bureau for an invoice. Individuals who earn interest shall pay business tax and personal income tax surcharges on the interest earned.
If the company borrows money in the name of an individual as a legal person, will it affect the company's future loans?
As a legal person, the company borrows money in the name of an individual, which may affect the company's future loans, but the impact on the company itself is not particularly great. The people's court shall put the person subjected to execution of the Civil Procedure Law of People's Republic of China (PRC) into the list of people subjected to execution for breach of trust if he fails to perform the obligations specified in the effective legal documents, and impose credit punishment according to law: (1) Having the ability to perform, refusing to perform the obligations specified in the effective legal documents;
In addition, it depends on the nature of your company. If a small commercial company is a legal person, it will increase its liabilities in its own name, so it will now become an element of financial institutions' investigation in financial practice. If the personal credit of a legal person is seriously bad, it will definitely have an impact. Of course, if the credit status is good, the company will lend better in the future. In fact, banks handle personal loans and corporate loans in different ways. Even the same bank basically does not cross-collect the credit status of customers. As long as you have no bad record in the personal credit information system, it has no effect on your corporate loan at all. Finally, compared with personal loans, corporate loans have the characteristics of high loan amount and long term, and financial institutions are more willing to provide loans with more guarantees for corporate loans. However, enterprise loans must meet certain conditions and provide sufficient information.
Therefore, the conditions for a company as a legal person to apply for a loan are as follows:
1. It must be approved by the State Administration for Industry and Commerce, registered and hold a business license;
2 the implementation of independent economic accounting, independent management, self financing;
3. Have certain self-owned funds;
4. Abide by policies and decrees and the bank credit settlement management system, and open basic account and general deposit accounts in banks as required;
5. There is a market for products;
6. Production and operation should be profitable;
7. Do not misappropriate credit funds;
The legal representative of the company signs a contract on behalf of the company and promises to perform certain obligations, which should be borne by his company, not by individuals. Therefore, the loan of the enterprise is repaid by the enterprise. The legal representative of the enterprise is not personally liable for repayment. Of course, the premise is that the enterprise has no illegal acts such as false capital contribution, withdrawing funds and transferring assets. And the legal representative has not made personal guarantee, otherwise the shareholders or legal representative of the enterprise may have to bear corresponding responsibilities.