Legal analysis: With the integration of all aspects involved in our daily life, what should a company change its loan in the Company Law? In fact, after the change of corporate, if the company has a loan in the bank and fails to repay it, it needs to be repaid by the company, which has nothing to do with the corporate; However, if it is a personal loan of a legal person or guarantor, it needs to be repaid by the legal person itself.
Legal basis: The Company Law of People's Republic of China (PRC) is held by the chairman, executive director or manager according to the articles of association, and registered according to law. Legal representative of the company
Article 7 of the Regulations on the Administration of Registration of Legal Representatives of Enterprises as Legal Persons: A limited liability company or a joint stock limited company needs a resolution of the shareholders' meeting, the shareholders' meeting or the board of directors, and the original legal representative cannot or fails to perform his duties, so that the shareholders' meeting, the shareholders' meeting or the board of directors cannot be convened according to legal procedures. The directors may be elected by more than half of the directors, or the shareholders who contribute the most or hold the largest share voting rights may make a resolution according to law.
Second, how to carry out corporate loans?
Loan conditions of enterprise as a legal person:
1, which conforms to the national industry and industrial policy 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 no bad credit record;
3. Having a business license approved and registered by the administrative department for industry and commerce, and passing the annual inspection;
4, there is a necessary organization, management system and financial management system, a fixed foundation and business premises, legal operation, 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, in line with the establishment of small business related industry credit policy;
9. Abide by national financial regulations and policies and relevant bank regulations;
10. Open a basic settlement account or a general settlement account with the applicant bank.
3. What are the conditions for enterprise loans?
Enterprise loan conditions: 1. Enterprises applying for loans must be registered in the administrative department for industry and commerce for more than 1 year and operate normally; 2. An enterprise as a legal person shall open an account with the loan handling bank and handle settlement and credit business for at least 1 year; 3. The invoice amount of the enterprise in the past six months is about 6.5438+0.5 million yuan; 4. The enterprise as a legal person has no tax arrears, arrears, arrears of wages and other arrears (except normal payables); 5. The corporate debt ratio cannot exceed 50%; 6. The enterprise as a legal person and its major shareholders and management personnel have good tax payment, financing and business credit in the past three years, and have no bad records. Mo Long is recommended for company loan. Mo Long does not mortgage the house loan, and the loan is the fastest 1 day, which can be extended. Apartment shops can also apply. The company has the most professional internet finance platform in China, covering 37 1 city in China, with more than 2 million registered users, and provides tens of billions of yuan in loan services to various customers every year. For more information about the loan, please consult Moore Long. Moerlong is headquartered in Chengdu and currently has subsidiaries in Chengdu, Beijing and Chongqing. Relying on the strong Internet and information technology R&D and operational capabilities, excellent management team and resource integration advantages, we strive to build industry standards in customer acquisition, marketing, operation and product design, and provide customers with lower interest rates and more valuable loan products. Mo Long's loan products are all from partners, including traditional banks, emerging consumer finance companies and microfinance companies. Trustworthy!