First, the basic loan conditions mainly include the following five points. First, hold a business license; Second, enterprises as legal persons carry out independent economic accounting; Third, there is a certain amount of self-owned funds to open basic account; Fifth, it has the ability to repay the principal and interest on schedule. Secondly, the main process of enterprise loan includes submitting the relevant information of loan application to the loan bank, the bank conducting pre-loan investigation, signing the loan agreement and other legal documents. As well as the implementation of the guarantee, the enterprise will repay the loan according to the loan contract after obtaining the loan.
legal ground
Article 140th of the Company Law of People's Republic of China (PRC) has the following acts.
(1) Misappropriation of company funds;
(2) Opening an account for the company's funds in its own name.
(3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association;
(four) in violation of the provisions of the articles of association or without the consent of the shareholders' meeting, enter into a contract or conduct a transaction;
(five) without the consent of the shareholders' meeting or the shareholders' meeting, taking advantage of his position to seek the personnel belonging to the company for himself or others to run the same business as the company he works for;
(6) Accept others and companies
(seven) unauthorized disclosure of company secrets;
Other service behaviors.
The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.
Second, the conditions and procedures for corporate loans
Loan conditions for an enterprise as a legal person: the basic loan conditions that an enterprise as a legal person must have mainly include the following five points: 1, holding a business license; 2, the enterprise as a legal person to implement independent economic accounting; 3. Have certain self-owned funds; 4. Open a basic account in a bank as required; 5. Have the ability to repay the principal and interest on schedule. The process is as follows: the main process of enterprise loan includes applying for a loan from the loan bank and providing relevant information according to its requirements, the bank conducting pre-loan investigation, signing a loan agreement and other legal documents. And the implementation of guarantees, enterprises to obtain loans, repayment in accordance with the loan contract. For more information about the loan, please consult Moore Long. Morlong has a professional big data intelligent risk control system, with financial core risk control technology as the core, AI algorithm as the basis and data as the driving force, and constantly carries out deep learning model training, providing big data risk control support for mortgage, car loan and credit loan business systems, and providing intelligent brain and tool support for product design and risk control in all scenarios of the whole industry.
3. Loans from individual industrial and commercial households and enterprises?
Personal loan refers to a loan applied by an individual as a borrower. Can be divided into three types: consumer loans, loans for personal consumption, such as decoration, tourism, car purchase and so on. The amount is generally small, the term is from one year to three to five years, and most of them are credit.
Housing mortgage loan, personal purchase of houses or shops, etc. , with the purchase of real estate mortgage.
Generally speaking, the term is relatively long, up to 30 years (buying a house). In the past, the mortgage could be discounted from 30% to 20%, but now it is the benchmark or above.
Personal business loan: if the borrower is an enterprise legal person, shareholder or individual industrial and commercial household, the purpose is to operate the enterprise, and most of them need collateral. Enterprise loans, divided into small business loans and group loans, are mostly below 50 million, with enterprises as borrowers and houses, shops or land factories as collateral.
The operation is relatively simple and can only be used for business operations, such as purchasing raw materials and paying orders. Generally, the interest rate rises more, such as the benchmark interest rate rises by 30-40%. Less than 5 million yuan can be called small and micro enterprise loans, and the state supports such loans. However, compared with large enterprises, small enterprises are still more risky, with little difference in process but small loan amount, which banks do not like to do.
Enterprises with large group loans and good qualifications can use the parent company to guarantee or provide some collateral, and the process is not much different from that of small business loans.
Listed companies are generally not worried about not being able to borrow money, so they don't necessarily need to provide real estate or land as collateral now.
A large number of banks lined up to give them loans, and the interest rate also rose on the benchmark interest rate 10-20%. In the past, Song Qian was able to fall below the benchmark.
Four. What are the conditions and procedures for enterprise loans?
The loan conditions of an enterprise as a legal person refer to what conditions an enterprise has to obtain a loan, which is a requirement for the loan enterprise. I. The basic loan conditions that an enterprise as a legal person must meet mainly include: 1. Legitimacy of operation: that is, an enterprise as a legal person is established with the approval of the State Administration for Industry and Commerce, registered and holds a business license; 2. Operational independence: that is, an enterprise as a legal person carries out independent economic accounting, operates independently and is responsible for its own profits and losses; 3. Have certain self-owned funds; 4. Comply with policies, laws and regulations, bank credit and settlement management systems, and open a basic account in the bank according to regulations; 5. Have the ability to repay the principal and interest on schedule. 2. The main process of enterprise loan includes: 1, and submitting a loan application. Apply for a loan from a loan bank and provide relevant information as required. 2. Bank loan investigation, signing loan agreements and other legal documents. In the case that the loan bank investigates and judges that the loan enterprise has the loan conditions, it signs the relevant legal documents such as loans and guarantees; 3. Implement the guarantee. After signing the loan agreement, the enterprise needs to further implement the third-party guarantee, mortgage, pledge and other guarantee measures, and handle the relevant guarantee procedures. 4. Loan acquisition. Enterprises can issue loans only after completing the relevant procedures, and loan banks can issue loans to enterprises. 5. Repayment. The enterprise repays the loan according to the loan contract.