Article 115 A company may not provide loans to directors, supervisors or senior managers directly or through subsidiaries.
According to the above provisions, the company law does not prohibit the provision of loans to legal representatives. For example, there is no provision in the articles of association prohibiting the provision of loans to legal representatives. If some internal procedures of the company are fulfilled, you can borrow money from the company. If there is a justifiable reason (related to the company's operation), it shall be returned on time.
If the legal representative is a shareholder of the company who fails to repay the loan for a long time, the shareholder shall obtain the consent of all shareholders and perform legal procedures, and the shareholder shall sign a loan agreement with the company, fulfill the rights and obligations of the borrower according to law, and repay the principal and interest on schedule.
Can Gong Hu's money be transferred to a private legal person?
Funds in Gong Hu can be transferred to the personal account of a legal person according to actual needs.
Generally speaking, transfer is due to the following three situations:
1. An enterprise as a legal person borrows money from an enterprise. Enterprises are included in other receivables.
2. Enterprises pay dividends to legal persons. An enterprise as a legal person needs to pay individual income tax according to dividends.
3. Corporate reimbursement. According to the actual business into the corresponding account.
Gong Hu here refers to the company basic deposit account. Basic deposit account refers to the bank settlement account opened by depositors for daily transfer settlement and cash receipt and payment, and is the main deposit account of depositors. According to the Regulations on the Administration of RMB Bank Settlement Accounts, a company can only choose one bank to apply for opening a basic deposit account. Opening a basic deposit account is a prerequisite for opening other bank settlement accounts.
Can a company borrow money from a legal person?