Is the company loan used for company operation a company loan?

Legal analysis:

If the legal representative borrows money for the company's operation, it can be recognized as a company loan.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

Article 22 If the legal representative of a legal person or the person-in-charge of an unincorporated organization signs a private loan contract with the lender in the name of the unit, and there is evidence that the loan belongs to the legal representative or the person-in-charge for personal use, and the lender requests that it be listed as a defendant or a third party, the people's court shall allow it. If the legal representative of a legal person or the person in charge of an unincorporated organization concludes a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the unit, and the lender requests the unit and the individual to share the responsibility, the people's court shall support it.