The legal person borrows money in the name of the company. Do shareholders need to sign it?

1. The legal person lends money in the name of the company. Do shareholders need to sign it?

If you buy shares in Vanke,

Did Vanke ask you to sign the debit note of the bank?

Whether the company needs all shareholders to sign the loan depends on the company's articles of association.

If the charter says yes, then you have to; If the legal representative can sign by one person, it is unnecessary; If more than 50% shareholders need to sign, then more than 50% shareholders need to sign.

Generally speaking, however, it is seldom necessary for all shareholders to sign and agree.

Two. Who is the legal representative of the contract?

The legal representative refers to the principal responsible person (such as the director and the chairman of the company) who exercises civil rights and performs civil obligations on behalf of a legal person according to law. ).

Article 49 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a legal person is represented by his legal representative; Other organizations are sued by their principal responsible persons. The legal representative has the right to directly represent the unit in responding to the people's lawsuit, and the litigation behavior it carries out is the litigation behavior of the unit (or legal person), which directly has legal effect on the unit (or legal person). There is a certain difference between a legal representative and a legal representative. The representative's behavior is not the principal's own behavior, but has direct legal effect on the principal, while the legal representative's behavior is the behavior of enterprises and institutions.

The word "representative" in a contract is vague and generally divided into two types: one is the legal representative, which is the name shown in the company's articles of association and business license, and the other is the entrusted agent, which has legal effect only with the power of attorney of the company or the parties.

3. How to write a loan agreement when the legal representative borrows money from the company in his own name?

The loan agreement clearly States the amount and purpose of the loan, and both parties can sign and seal it. However, if the legal representative of the company borrows money from his own company and is suspected of infringing on the interests of the company, it shall be approved by the shareholders' meeting and be represented by others.

Four, the legal representative of the loan contract should write who?

Lender: the president of a bank and the person accepted by the lender's bank. Lenders, corporate legal representatives, managers and financial personnel.