You can borrow money, as long as you provide the loan information that the bank needs and the bank can verify it. Bank loans generally don't care whether your unit is engaged in guarantee business. Banks only pay attention to whether there is collateral or not, and whether the money released has been invested in the business you promised. Will it form bad debts? Guarantee business is not illegal, and banks will not refuse loans.
Two, limited company loans do not bear any responsibility for legal persons.
The company independently undertakes civil obligations, and the legal representative of the company is not responsible for the debts of the enterprise. However, due to the intentional or gross negligence of the legal representative, the shareholders of the company may require the legal representative to bear tort liability, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated. If an enterprise as a legal person is under any of the following circumstances, it shall be fined in addition to the liability of the legal person, and if the case constitutes a crime, the organ engaged in illegal business in accordance with the approved and registered business scope conceals the true situation and practices fraud; Withdrawing funds or hiding property to avoid debts; Disposing of property without authorization after dissolution, cancellation or bankruptcy; Failing to apply for change or termination in time and suffering heavy losses; When a legal person engages in other activities that are prohibited by law or harm the interests of the state or stipulated in the Civil Code, it shall meet the following conditions: the establishment of a legal person organization must comply with the provisions of the law, including its organizational structure, mode of establishment, business scope and mode. For example, according to China's tobacco monopoly regulations, tobacco is organized by the state, and no legal person engaged in tobacco business may be established. The examination and registration procedures for the establishment of a legal person must comply with the provisions of the law.
The name of a legal person is a sign that it has an independent personality different from different legal persons. In addition to exclusive rights, legal persons can also be transferred or sold. The organization of a legal person is the general name of organizations that manage the affairs of a legal person internally and conduct civil activities on behalf of a legal person externally, including branches of a legal person. Different types of legal persons. The organization of legal person usually includes decision-making body, executive body and supervision body.
Legal basis: Article 3 of People's Republic of China (PRC) Company Law defines the responsibilities of companies and shareholders. The company is enterprise law _ property right. The company is liable for its debts with all its property.
3. Can the legal representative of the company make a loan?
Can the legal representative of the company borrow money? The legal representative is also a natural person and can enjoy the right to borrow money. Efficiency is the basis of sustainable operation of banks. I suggest you apply for a loan from a formal institution. I hope I can help you. Loan processing flow: 1. The borrower submits the loan application materials to: 2. Conduct a preliminary review of the application materials submitted by the borrower; 3, through the preliminary examination and credit investigation, in line with the loan approval conditions; 4. If it is approved, notify the borrower to go through relevant procedures such as signing, lending, mortgage or pledge; 5. After the loan contract comes into effect, the key to issuing loans depends on whether you are a shareholder of the company and the nature of the company. If the company is a limited liability company (which is generally the case now), you are the shareholder of the company, and you need to bear the responsibilities within the scope of your contribution. If you are not a shareholder, but a simple legal person, then you don't have to bear any responsibility for the loan money. What will happen? If it is really unable to repay, it should negotiate with the lending institution to extend the repayment period or repay it in installments; If the lender fails to perform the judgment within the performance period after winning the case, it will apply for enforcement; When accepting compulsory execution, it will inquire about the real estate, vehicles, securities and deposits under the name of the lender according to law; If the lender has no property to enforce, refuses to perform the effective judgment, overdue repayment and other negative information will be recorded in the personal credit report, and will be restricted from high consumption and entry and exit, and may even be punished by judicial custody. Basically, it won't affect, and you can repay on time in the future. This situation depends on whether you are a shareholder of the company and the nature of the company. If the company is a limited liability company (which is generally the case now), you are the shareholder of the company, and you need to bear the responsibilities within the scope of your contribution. If you are not a shareholder, you don't need to bear any responsibility. The "three principles" refer to safety, liquidity and efficiency, and are the fundamental principles of commercial banks' loan operation. Article 4 of People's Republic of China (PRC) Commercial Bank Law stipulates: "Commercial banks should operate independently, bear their own risks, be responsible for their own profits and losses, and be self-disciplined, and take safety, liquidity and efficiency as their operating principles." 1, loan security is the primary problem faced by commercial banks; 2. Liquidity refers to the ability to recover the loan within a predetermined period or realize it quickly without loss of land, so as to meet the needs of customers to withdraw deposits at any time; 3. Efficiency is the basis of sustainable operation of banks. For example, if a long-term loan is issued, the interest rate will be higher than that of a short-term loan, and the benefit will be good. However, if the loan term is long, the risk will increase, the security will decrease and the liquidity will weaken. Therefore, the "three natures" should be harmonious, and loans should not go wrong. Legal representative and legal person are two completely different concepts. A legal person is an organization that involves most people. The legal representative is just a person, an individual, a natural person, a natural person who works for a legal person. The legal representative can make a separate loan, which is permitted by law.