Loan in the name of the company

Can I borrow money in the name of the company?

Both individuals and companies can borrow money, with the emphasis on qualifications. In the name of the company, we must look at the company's revenue in recent years, the amount of invoices, the amount of taxes, whether there are assets under the company and so on. Just a shell company with a business license is definitely not enough.

Question 1: What are the advantages and disadvantages of lending in the name of the company and in the name of the individual? I wonder if there is any kind of loan that can help you. It is called a personal business loan, that is, a loan issued in the name of an individual for the operation of the company.

Company loans need to provide business license, tax registration certificate, organization code certificate, financial statements, articles of association, tax payment certificate, legal person ID card and other materials.

Personal loans only need to prepare personal data, so from the information prepared, personal loans dominate.

In fact, if the company is well run, you only need a sum of money, which is more suitable, simple and convenient for your personal business loan.

Question 2: What are the conditions and procedures for a loan in the name of a company? Business license, legal person identity certificate, official seal, etc. The key also lies in the materials for loan purposes, that is, the projects that need to be used, as well as the investment and development prospects of the projects. If you have collateral, you don't need to bother.

Remember to adopt

Question 3: Can I buy a house with a loan in the name of the company? Don't look at the hasty evacuation upstairs. Yes, it is a commercial loan, as long as you are the legal representative. Now the first-tier cities are all restricted. Many individuals can't buy a house, so they buy a house. As long as you have many companies and are legal representatives, you can buy the same suite from as many companies as you want.

Question 4: Can I buy a car (my own company) with a loan in the name of the company? What is the procedure? The benefits have already been mentioned. We can do it. What the company needs to buy a car is a legal person ID card, a marriage certificate, a household registration book, the company's tax bill for the past three months, and a business license. Some people need to find a guarantor. What they need is an ID card, a household registration book and a marriage certificate.

As for how you say it's cost-effective, some car brands have their own finances, which is the most cost-effective, but some brands don't accept company loans and only do it for individuals. Other loans are only a few thousand dollars, and then in the name of individuals or companies, you are the legal person to borrow. The difference lies in tax credit and non-tax credit. The company can do the accounts, and after the answer, if there are any details, please consult the local 4S shop. After all, there is a gap between regions!

Question 5: Regarding the loan in the name of another company, first of all, you have to know whether it is a corporate loan or a personal loan. If it is a company loan, the legal person should bear certain responsibilities.

But according to your description, personal loans are more likely. Now personal loans need the purpose of the loan and the actual operation of the borrower, which all require the borrower to have a certain entity enterprise (that is, to provide proof of the company's business license). If it is a company loan, it is generally necessary to provide a company loan card, open a company account, and sign by a legal person. Personal loans are generally not needed.

If it is a personal loan, it will generally not bring trouble to the company.

Question 6: Is it better to borrow money in the name of an enterprise or an individual? I wonder if there is any kind of loan that can help you. It is called personal business loan, that is, personal loan is used for company operation.

Personal loans only need to prepare personal data, so from the information prepared, personal loans dominate.

In fact, if the company is well run and you only need a sum of money, it is more appropriate, simple and convenient to make a loan for your personal business.

Question 7: Is it legal for the company to let employees borrow money for the company in their own names? How? Should employees guarantee the company's loan, or should employees find a bank loan and lend it to the company?

All the above practices are legal, as long as employees are willing. But if I were you, if the company asked me to do this, I wouldn't do it. If the company forces me to do it, I'd rather resign and leave. It's too risky In case the company doesn't pay back the money, the bank can't ask you for debt.

Question 8: What if a company as a legal person lends money in the name of the company privately? First of all, a loan in the name of the company will definitely be repaid with the company's assets. If it can't be repaid, the company will definitely be sealed up and liquidated. It is suggested to hold a general meeting of shareholders to veto. Consultant lawyer of Wuhan professional company.

Question 9: Other companies borrow money in our name. How should our company keep accounts? Then your other payables are getting bigger and bigger and cannot be eliminated? I think it should be this process: employee loans, and then the bank transfers the money to the employee card, and the employee transfers the money in the card to your company. At this time: borrow: bank deposit loan: other payables-an employee (as a loan for an employee) and then return: borrow: other payables-employee loan: cash. Because you have to pay interest, you can borrow interest: management fee loan: cash (but this interest is in any subject.

Question 10: Is it forbidden by law to borrow money from banks in the name of other companies for your own use? 1. Of course it is forbidden.

This kind of loan must be fabricated at the time of application, and the actual loan shall not be used for the applied project. This is obviously a deception that can destroy the order of financial management. Can the law allow it?

If the application is made in the name of the actual lender and other companies act as guarantors, the law allows it. Because in essence, the review before bank lending is true.

Although the actual loan users of the above two behaviors are the same, they are completely different in nature.

Second, in real life, it is actually very common to borrow money in the name of others for personal use. How to define them legally?

1. If others borrow money first and then lend it to themselves, there is no collusion between them. There are two kinds of legal relationships here: (1) private lending relationship between others and banks; (2) Private lending relationship between others and myself. Borrowing in this case is illegal if it does not cause serious consequences, but it still falls within the scope of civil law adjustment.

2. In the above circumstances, if others collude with me in advance, causing serious consequences, it may constitute the crime of defrauding loans.

Give a case to illustrate:

Case: Yang applied for a loan from the bank because of the company's mobility. The loan officer of the bank (Yang's classmate) told Yang that because Yang had not repaid the loan in the bank before, he could no longer handle it in his name, but he could handle it in someone else's name. Yang asked his relative Zhang to apply for a loan of 654.38 million yuan in his name, and Zhang agreed. Sun helped Yang with the loan procedures in the name of Zhang. Later, Yang repeatedly asked Sun to apply for a loan of 654.38 million yuan in the name of his relatives Wang, Li and Zhao. Hou Yang was unable to repay the loan of 400,000 yuan due to poor management of the company.

Comments: Yang and Sun committed the crime of defrauding loans. The reason for this is the following：

First of all, the crime of defrauding loans is an act of obtaining loans from banks or other financial institutions by deception, causing heavy losses or other serious circumstances. This crime was added in the Sixth Amendment of the Criminal Law in 2006. As one of the articles 175 of the Criminal Law, it aims to make up for the legislative deficiency of "illegal possession" in the crime of loan. The crime of "cheating" should refer to the means that can disturb the order of financial management. Judging from the judicial practice, as the deception means of this crime, the most important means are fictitious investment projects, fictitious guarantee units and fictitious collateral, but other false means that can disturb the financial management order are not excluded.

Secondly, in this case, Yang Zaiming used his personal relationship with bank loan officers to apply for a loan of 400,000 yuan in the name of relatives Zhang, Wang, Li and Zhao, which was enough to disrupt the bank's financial management order. Yang applied for a loan in the name of others, but he could not repay it at maturity, which caused great losses to the bank and constituted the crime of defrauding loans. In this case, Yang played a leading role in the handling of the above four loans, and was the actual loan applicant and user. It is different from the situation that Zhang, Wang, Li and Zhao each applied for a loan of 65,438+10,000 yuan from the bank and gave it to Yang for use (in this case, Zhang, Wang, Li and Zhao have a private lending relationship with the bank, and Yang and the four have a private lending relationship). Therefore, the statement that Yang has two kinds of civil legal relations with the four top celebrities and banks is not established and is not within the scope of criminal law adjustment, so Yang does not constitute the crime of defrauding loans.

Third, Zhang, Wang, Li and Zhao were aware of Yang's personal loan in the bank and actively assisted him. Suspected of the same crime, but none of them reached the prosecution standard of 200,000 yuan, so it does not constitute the crime of defrauding loans (just because the amount is not enough, if the amount involved by these four people is more than 200,000 yuan, it also constitutes the crime of defrauding loans! )。 Sun, a bank loan officer, is aware of Yang's behavior of handling loans in the name of others. For banks, Yang's and Sun's actions are deceptive acts that seriously undermine the financial management order, and they have taken active assistance to make the bank's loan of 400,000 yuan unrecoverable, which is the crime of Yang's fraudulent loan, which constitutes the crime of fraudulent loan.

How to use company loans

If the enterprise wants to borrow money, it can handle it through banks or other financial institutions. The specific loan method is: 1. First, confirm the required loan amount, and then submit a loan application to a bank or other financial institution; 2. It is necessary to prepare basic enterprise information, financial statements and loan information required by banks or other financial institutions, and then submit them to banks/institutions for review; 3. If approved, a loan contract can be signed, and repayment can be made according to the contract after the next payment. Judicial Interpretation of the Supreme People's Government on Private Lending Article 3 If the borrower and the lender have not agreed on the place of performance of the contract, or the agreement is unclear, and no supplementary agreement is reached afterwards, and it cannot be determined according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the money recipient is located.

What is the legal person's responsibility for lending in the name of the company?

Legal analysis: the legal representative of the company borrows money in the name of the company, and the company is jointly and severally liable for the debt. If the loan is used by a legal person on behalf of an individual, the company may recover from the legal representative. A company as a legal person has the right to carry out civil acts on behalf of the company.

Legal basis: Article 61 of the Civil Law of People's Republic of China (PRC) According to the provisions of the law or the articles of association of the legal person, the person in charge of civil activities on behalf of the legal person is the legal representative of the legal person. The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person. The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart. Article 62 If a legal representative causes damage to others when performing his duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person.

A friend mortgaged a loan from the bank in the name of our company. Is it risky for me?

There will be certain risks, as follows: 1. If the other party fails to repay the loan on time, the company is the lender and the bank will ask the company to repay the loan. Even if the local government repays the debt to the company, the company is also the first payer, and the bank will deduct money from the company account, which may affect the normal operation of the company. 2. If the other party fails to repay in time, it will affect the company's credit record, thus affecting the company's future financing. 3. Loans in the name of the company occupy the available loan amount of the company. If a company needs a loan for its own operation, it may not be successful, because the loan amount is not enough, because the amount that each company can lend according to its own financial situation is limited. If the deferred materials are lent in the name of the company, the company should bear the responsibility, and after taking the responsibility, it can seek compensation from the company as a legal person. If it is a limited company, the legal representative acts on behalf of the company, and the repayment responsibility after signing the loan contract shall be borne by the company, and the shareholders shall be liable to the company to the extent of their capital contribution. If it is a partnership, the behavior of the legal representative represents the partnership, and the debts of the partnership are jointly and severally liable by each partner, which is also the fundamental difference between a limited company and a partnership. As long as shareholders have not transferred their shares, they are still shareholders of the company and still have obligations and rights. Article 149 of the Company Law of People's Republic of China (PRC) * * * Directors, supervisors and senior managers who violate laws, administrative regulations or the Articles of Association when performing their duties in the company shall be liable for compensation.