Legal analysis:/kloc-more than 0/0% shareholders can apply for bank loans.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 673 If the borrower fails to use the loan according to the agreed purpose, it shall lend, recover the loan in advance or terminate the contract.
Article 674. Borrowing. If the time limit for paying interest is not stipulated or clearly stipulated, and it still cannot reach several years according to the provisions of Article 510 of this Law, it shall be paid together with the loan; If the loan term is more than one year, it should be paid at the end of each year, and the remaining term should be paid together.
Article 676 Where a loan is repaid, interest shall be paid in accordance with the agreement or period.
2. Does the operating loan require the consent of shareholders?
The company's external financing must be approved by the resolution of the company's shareholders' meeting. The company's operating loans must also be approved by the company's shareholders' meeting, because shareholders have the right to know and bear the risks and interests of loans, and they must be approved by the company's shareholders' meeting before they can take effect.
Without the approval of the company's shareholders' meeting, other shareholders may refuse to repay the loan on the grounds of ignorance.
I am not a legal person, but a shareholder, accounting for 50% of the shares. Can I get a loan?
Shareholders who own shares can apply for loans and need to provide relevant information of the company.
Four. How many shares can a company's shareholders hold for loans?
Under normal circumstances, personal business loans need more than 20% of the shares, and even some banks can communicate with 10% of the shares. Generally, a joint stock limited company needs the signature of shareholders to lend to a bank, but sometimes it does not necessarily need the consent of all shareholders to lend. The specific situation should be decided according to the provisions of the company's articles of association. Applying for commercial loans is mainly divided into: personal commercial loans, corporate loans, corporate guaranteed loans and other products. 1, personal business loan, the borrower is an individual, the enterprise is only an auxiliary role, and the minimum requirement is 20% of the shares. For the family business, it may not be the shareholders or shares of the enterprise, but it is enough to prove the relationship with the enterprise and the actual control agreement. 2. For commercial loans, the borrower is the enterprise. Generally speaking, if the enterprise is not directly related to the real estate, or the property owner is a non-enterprise shareholder, the third party can make different loans. In this case, it is the enterprise credit report. 3. Enterprise-guaranteed loans. This situation may not be 100% shareholding, but the lender must be an enterprise legal person or a major shareholder. When applying for a loan, you need not only the approval of the bank, but also the consent of the financing guarantee company. According to different companies and different loan methods, the conditions for shareholders to hold shares in a company are different, generally above 10%. Some banks can apply for bank loans as long as they hold more than 10%, which can be determined according to the bank requirements and the company's articles of association. Legal basis: Article 34 of the Law of People's Republic of China (PRC) Commercial Bank, commercial banks conduct loan business according to the needs of national economic and social development and under the guidance of national industrial policies. Article 35 A commercial bank shall strictly examine the borrower's loan purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval. Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.