1. Enterprises can borrow money from specific individuals. According to the General Principles of the Civil Law, under normal circumstances, mutual lending between citizens and enterprises belongs to private lending, which is permitted by law. As long as the intentions of both parties are true, it can be considered as valid. 2. Borrowing from an unspecified person may be considered as illegal fund-raising and may be investigated for administrative and criminal responsibility. Absorbing public deposits and issuing loans are the business scope of commercial banks. 3. Loans between enterprises are currently prohibited by the General Principles of Loans, and there are clear administrative penalties. Although this provision is only an administrative regulation and unreasonable, it still has legal effect.
Legal basis:
Article 668 of the Civil Code of People's Republic of China (PRC) A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
What are the procedures and conditions for enterprise loans?
Enterprise loan requirements: 1. It conforms to the national industry and industrial policies and does not belong to small enterprises with high pollution and high energy consumption; 2. The enterprise has a good reputation in various commercial banks and has no bad credit record; 3. Having a business license approved and registered by the administrative department for industry and commerce and passed the annual inspection, holding a loan card issued by the People's Bank of China and passing the normal annual inspection; 4. It has the necessary organizational structure, management system and financial management system, has a fixed foundation and business premises, operates legally, and the products have market and benefits; 5. Have the ability to perform contracts and repay debts, have a good willingness to repay, have no bad credit record, and credit asset risks are classified as normal or non-financial factors; 6. The operator or actual controller has more than 3 years of working experience, good quality and no bad personal credit record; 7. The enterprise operates steadily, the establishment period is in principle more than 2 years (inclusive), and there are at least one or more financial reports for one fiscal year, and the sales revenue growth and gross profit are positive for two consecutive years; 8. Abide by the policy of establishing industry credit related to small enterprises; 9. Abide by China's financial laws, regulations and policies and relevant regulations of banks; 10. Open a basic settlement account or a general settlement account with the applicant bank.
The process of enterprise loan: (1) application: the enterprise applies for loan guarantee; (2) Inspection: check the operation, financial status, mortgaged assets, tax payment, credit status, business owners, etc. of the enterprise, and initially determine whether the guarantee is guaranteed; (3) Communication: communicate with the lending bank to further master the enterprise information provided by the bank and clarify the amount and term of the proposed loan; (4) Guarantee: clarify the legal procedures such as loan guarantee and counter-guarantee agreement, asset mortgage and registration with the enterprise, sign a guarantee contract with the loan bank, and formally establish a guarantee relationship with the bank and enterprise; (5) Lending: banks issue loans to enterprises on the basis of reviewing loan guarantees, and at the same time charge guarantee fees to enterprises; (6) Tracking: Tracking the loan usage and operation of enterprises, and directly tracking the operation of enterprises through quarterly tax payment, electricity consumption and cash flow increase and decrease.
The Civil Code stipulates that a guarantor must have certain qualifications, and state organs, schools, kindergartens, hospitals and other public welfare institutions and social organizations may not act as guarantors. But in practice, some loans are guaranteed by some state organs. As the expenditure of state organs and institutions depends on financial allocation, the unit has no right to dispose of its own assets, in fact, this guarantee becomes invalid.
Wholly state-owned enterprises apply for loans.
There are more and more opportunities to help us develop at present. For example, some people can make money by seizing the right opportunities and even start their own businesses. For those who have a certain deposit, they generally choose to establish a wholly-owned enterprise, because they have that ability, but although they have a certain deposit, they need a lot of money to start a business. Sometimes there is a problem with funds, and they need to borrow money. Can a sole proprietorship apply for a loan? Let's take a look together.
Can a sole proprietorship enterprise apply for a loan?
Yes Just meet the requirements.
The borrower shall meet the following basic conditions when applying for a loan: the products are marketable, the production and operation are profitable, the credit funds have not been misappropriated, and the credit is strictly observed:
1, with the ability to repay the principal and interest on schedule. The original loan interest payable and the loan due have been basically paid off; If there is no repayment, a repayment plan approved by the lender has been made;
2. Except for natural persons and enterprise legal persons who do not need the approval and registration of the industrial and commercial department, the industrial and commercial department shall handle the annual inspection procedures;
3. basic account or general deposit account has been opened in the lending institution, and a certain amount of payment deposit has been reserved in the account; Accepting the supervision and inspection of credit and settlement of lending institutions voluntarily, and ensuring that business plans, related businesses and financial statements are submitted to lending institutions on a regular basis;
4 to apply for a guarantee or mortgage loan, there must be a loan guarantor, loan collateral or pledge that meets the requirements. The loan guarantor must be an enterprise or economic entity that opens a deposit account in a rural credit cooperative with good economic benefits and reliable credit. The loan collateral must comply with the provisions of the Guarantee Law of People's Republic of China (PRC) and relevant laws and regulations. In principle, it should be mainly real estate (such as houses and land), and it must be commercialized and easy to realize;
5. The borrower's asset-liability ratio shall not be higher than 70%;
6. To apply for loans for fixed assets, real estate and other projects, the borrower's owner's equity and the proportion of self-raised funds must meet the requirements of the State Council, and at the same time, complete, standardized and effective documents must be submitted according to the requirements of project management;
7. Unless otherwise stipulated by the State Council, the accumulated overseas equity investment of limited liability companies and joint stock limited companies shall not exceed 50% of their net assets.
Second, what should I do if the enterprise loan is not repaid?
First of all, distinguish whether it is a sole proprietorship enterprise or a private limited liability company. If it is the latter, you can apply for bankruptcy protection without paying it back.
If it is a sole proprietorship enterprise, it should bear unlimited liability. Theoretically, as long as you have personal property, you have to pay your debts. But according to your description, you have no personal property, but there is no personal bankruptcy mechanism in China, so in theory, as long as you have money all your life, you should pay it back at any time.
Whether criminal responsibility is involved depends on whether your father has concealed property, maliciously evaded debts or other acts, otherwise he will not be criminally responsible. In fact, most of these things will go away, but I still suggest divorce and having children with my mother. (It doesn't matter if it's an adult) This is the most cost-effective, because your mother and children are not involved in the economy, but they are somewhat unreasonable.
First of all, it depends on what to do if the enterprise loan is not available. When handling the loan, whether you have used your own property to handle the mortgage formalities, and secondly, it depends on the nature of your company. If the mortgage procedure is completed or the enterprise is an individual, the bank can handle personal property. No one else will. In addition, the bank can only deal with the existing equipment of the enterprise at best, and other losses should be included in the loan losses. The bank may have to investigate whether the loan is used for other purposes, and if so, it can be recovered.
What are the collateral and guarantor when lending? Generally speaking, when your enterprise can't repay the debt, it will use the collateral to repay the loan, or the guarantor will bear joint liability. See if your house and car are collateral and who is the guarantor. As for what to do if the enterprise loan is not repaid, the enterprise will go bankrupt and liquidate if it is not repaid. As long as you run a limited liability company.
To sum up, from the above, we can know that sole proprietorship enterprises can apply for loans. However, the applicant must have the ability to repay the principal and interest on schedule, voluntarily accept the credit and settlement supervision and inspection of the lending institution, and have legal mortgage or pledge. In addition, the borrower's assets and liabilities should be compliant. If the enterprise loan is not repaid, the sole proprietorship enterprise shall bear unlimited liability and shall repay it at any time.
The introduction of the loan regulations for state-owned enterprises ends here.