For corporate loans, shareholder loans are ok, but the relevant situation needs to be handled by the company at a shareholders' meeting, because corporate loans are important decisions and the relevant situation needs to be handled legally within the scope permitted by law.
Legal basis:
In Article 37 of the Company Law of People's Republic of China (PRC), the shareholders' meeting shall exercise the following functions and powers:
(1) To decide on the company's business policy and investment plan;
(2) Electing and replacing directors and supervisors who are not employee representatives, and deciding on the remuneration of directors and supervisors;
(3) Examining and approving the report of the board of directors;
(4) Examining and approving the reports of the board of supervisors or supervisors;
(5) To examine and approve the annual financial budget plan and final accounts plan of the company;
(VI) To examine and approve the company's profit distribution plan and loss recovery plan;
(7) To make resolutions on the increase or decrease of the registered capital of the company;
(8) To make resolutions on the issuance of corporate bonds.
(9) To make resolutions on the merger, division, dissolution, liquidation or change of corporate form of the company;
(10) Amending the Articles of Association.
(eleven) other functions and powers stipulated in the articles of association.
Where the shareholders unanimously agree to the matters listed in the preceding paragraph in writing, they may make a decision directly without convening a general meeting of shareholders, and all shareholders shall sign and seal the decision document.
Can shareholders borrow money from the company?
Legal analysis: shareholders cannot lend money in the name of the company. Shareholders of a company may borrow money in their own names for the operation of the company. Borrowing by shareholders of a company in their own name for the company's operation is a company loan and can be recorded as a company loan. According to relevant laws and regulations, the shareholders of a joint stock limited company are liable to the company to the extent of the shares subscribed by them. Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law.
Legal basis: Article 3 of People's Republic of China (PRC) Company Law is an enterprise legal person with independent legal person property and legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Can shareholders borrow money from the company?
Yes, you can.
Whether it is legal for a company to borrow money from shareholders depends on whether it meets the legal borrowing procedures. If it does not violate the relevant articles of association, it is unanimously recognized and agreed by other shareholders on this basis, and it has passed relevant legal procedures, it will be protected by law, otherwise it will not be protected by law.
Shareholders refer to individuals or units that bear limited or unlimited liabilities for the debts of joint-stock companies and enjoy dividends and bonuses by holding shares. Shareholders who subscribe for shares from joint-stock companies have certain rights and obligations. The main rights of shareholders are: to attend the shareholders' meeting and have the right to vote on major issues of the company; The voting rights of directors and supervisors of the company; Distribute the company's profits and enjoy the right to share dividends; Issuing stock creditor's rights; The right to request the transfer of shares; The right to claim bearer shares instead of registered shares; The right to dispose of the remaining property when the company fails to operate, declares closure and goes bankrupt. The size of shareholders' rights depends on the type and quantity of shares held by shareholders.
Related obligations
1. Abide by laws, administrative regulations and the Articles of Association;
Two, pay the capital contribution in full and on time, and shall not withdraw the capital contribution;
3. Do not abuse the rights of shareholders to harm the interests of the company or other shareholders; Should be liable for compensation according to law.
Four, shall not abuse the company's independent legal person status and the limited liability of shareholders to harm the interests of the company's creditors. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.