1. General enterprises can borrow from each other. According to China's laws, the People's Bank of China no longer implements the direct control mode of ceiling management on interbank lending rates, which shall be determined by both parties through consultation according to the market funds. However, the subject of capital lending is limited to financial institutions, and non-financial institutions and individuals have no subject qualification.
2. Legal basis: Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases.
A legal person or an unincorporated organization raises funds from employees in the form of loans within the unit for the production and operation of the unit, and there are no circumstances stipulated in Articles 144, 146, 153 and 154 of the Civil Code and Article 13 of these Provisions. If the parties claim that the private lending contract is valid, the people's court shall support it.
Second, what problems should be paid attention to in enterprise capital lending?
The problems that need to be paid attention to in enterprise capital lending are as follows:
1. The main body of the capital loan contract is only financial institutions, and non-financial institutions and individuals are not allowed to participate. Prohibit financial institutions from providing financing and loans to non-financial institutions and individuals in the name of lending;
2. Both parties involved in interbank borrowing must sign a loan contract, which includes the loan amount, term, interest rate, use of funds and the rights and obligations of both parties;
3. The funds used by financial institutions for lending are limited to fully paying the reserve, leaving 5% of the reserve, and returning the idle funds after the loan due by the People's Bank of China;
4. All financial institutions should strictly control the amount of borrowed funds according to their own solvency.