1. What are the procedures for an individual to borrow money for a company? Individuals don't have to take risks.
This can be used for personal business loans, but generally the amount is not very large. It is mainly used for individual and private enterprises. With company assets as collateral, personal assets can also be used as collateral company. Individuals must take risks, and legally, individuals are the first to repay!
2. What are the procedures for an individual to borrow money for the company? The individual does not have to take risks.
Borrowing money from an individual in the company's name is guaranteed by the company. 3. Applying for a loan in the name of an individual for the company's operation.
Applying for a loan from a bank in your own name for the company's operation is called a personal business loan. It is applied in your own name, and the company's operational income is the repayment source. The requirement of this loan is that you are the legal person or shareholder of the company, or you can be the actual controller (the company needs to provide proof and all shareholders and legal persons sign), and the company can operate normally. The China Banking Regulatory Commission stipulates that more than 3, yuan should be paid by trust, that is, the money will not be directly transferred to your account, but to the upstream and downstream companies that cooperate with your company. This is the only supervision. The bank is not directly related to the judicial department. As long as you repay the money normally, the bank will not solve the problem through legal channels, so there is no legal obstacle. : 1. "Management" is in the extension of "management". Generally, according to the nature of enterprise management, marketing \ production is called "operation", and other management contents are called "management". Wang Junheng, an enterprise trainer, can understand operation and management in this way. Enterprise operation includes two main links: operation refers to the behavior of enterprises to conduct market activities, while managed enterprises straighten out their work processes and find problems. Management is mutual infiltration, and we often put management together. The actual situation is that the scientific decision-making process in management is the infiltration of management, and the management consciousness in management can be said to be the embodiment of emotional intelligence. It is a misunderstanding to strictly distinguish between operation and management, and it is also a manifestation of retreat. 2. The operation is external, and the pursuit of obtaining resources and establishing influence from outside the enterprise; Management is internal, emphasizing the integration of internal resources and establishing order. The pursuit of management is efficiency, open source and making money; Management pursues efficiency, cuts expenditure and controls costs. Management is expansionary, so we should be aggressive, seize opportunities and be bold; Management is convergent, we should be cautious and prudent, and we should evaluate and control risks. Management and management are inseparable. Operation and management, like the yin and yang in an enterprise, "he" and "she" must exist and seek mutual unity in contradiction: there must be a shadow in the light, and there must be light in the shadow; Operation and management are also interdependent and inseparable. Neglecting management can't last long, and it can't be sustained. How much money is earned and wasted? "Draw water with a sieve" is a waste of effort. 3. Business is the leader, management is the foundation, and management must serve business. In order to make great achievements, enterprises must first pay attention to management, study the market and customers, and provide targeted products and services for target customers; Then the basic management must keep up. Only when management keeps up, can the management continue to move forward, and after the management moves forward, it will put forward higher requirements for the management level. Therefore, the law of enterprise development is: management-management-management alternately advances, just like people's left foot and right foot. If we put aside management and focus on management, it won't work, and management will hold us back, and management will not move forward. On the contrary, if we put aside management and focus on management, we will stand still or even go backwards.
4. My friend wants to use my ID card to register the company, but I am not a legal representative. What risks do I have to take as a registrant?
what are the risks of being a nominal legal representative? I. Risk of Civil Liability (1) If the company suffers losses due to business mistakes, the legal representative shall compensate for the losses. According to Article 15 of the Company Law, "Directors, supervisors and senior managers who violate laws, administrative regulations or the articles of association when performing their duties in the company shall be liable for compensation." (2) When the actual controller manipulates the company, he makes fictitious capital contribution, evades capital contribution, conceals or transfers assets, or disposes of property without liquidation, and the nominal legal representative shall bear corresponding civil liability for compensation. II. Risks of administrative and criminal liabilities (1) In the case of overlapping administrative and criminal liabilities, Article 49 of China's General Principles of the Civil Law stipulates: "If an enterprise as a legal person has one of the following circumstances, in addition to the legal person's liability, the legal representative may be given administrative sanctions and fines. If the case constitutes a crime, criminal liability shall be investigated according to law: ① engaging in illegal business beyond the business scope approved and registered by the registration authority; (2) concealing the real situation from the registration authority and the tax authority or practicing fraud; (3) withdrawing funds and hiding property to avoid debts; (4) disposing of property without authorization after dissolution, cancellation or bankruptcy; (5) Failing to apply for registration and announcement in time at the time of change or termination, thus causing heavy losses to the interested parties; (6) engaging in other activities prohibited by law, which damages the interests of the state or the public. " That is to say, in civil liability, the legal representative's responsibility belongs to legal liability, and the illegal liability stipulated by law cannot be countered by internal agreement. Other common criminal liabilities "nominal legal persons" generally do not participate in the operation and management of the enterprise. If the actual controller of the enterprise uses the enterprise to carry out illegal and criminal activities, the nominal legal representative should also bear corresponding criminal responsibilities, although the "nominal legal persons" are not directly involved, but they know that the actual controller uses the company to carry out criminal acts without stopping or letting the actual controller go. Common crimes include the crime of falsely issuing special invoices for value-added tax, the crime of defrauding loans, the crime of major accidents, the crime of finance, the crime of infringing intellectual property rights, and the crime of disrupting market order. Iii. Other Responsibilities (1) Inclusion in the list of persons subject to dishonesty According to Article 231 of the Civil Procedure Law and the provisions of the Supreme Court on the judicial interpretation of the execution procedure of the civil procedure law, when the company is applied for compulsory execution because it fails to fulfill its obligations specified in legal documents, the people can take corresponding compulsory measures against the legal representative, such as being included in the list of persons subject to dishonesty, being prohibited from spending too much money, not being allowed to fly, handling bank loans, and being restricted in credit cards. (2) Being the legal representative, director or manager of an enterprise that went bankrupt due to poor management, and being personally responsible for the bankruptcy of the enterprise, as stipulated in Article 4 of the Regulations on the Administration of the Registration of Legal Representatives of Enterprise Legal Persons, and less than three years have passed since the completion of the bankruptcy liquidation of the enterprise; As the legal representative of an enterprise whose business license has been revoked due to violation of law, and who is personally responsible for the illegal acts of the enterprise, if it has not been more than three years since the date of revocation of the business license of the enterprise, he shall not be the legal representative, and the enterprise registration authority shall not approve the registration. Note: the acceptance or agreement that "the legal representative does not have to bear the risk" is invalid! Even if there is an exemption agreement between the nominal legal representative and the actual controller, which is similar to "the nominal legal representative will not participate in the operation and management and will not bear the corresponding responsibilities", the agreement is only valid internally between the two parties and has no legal effect externally. Because the legal responsibility of the legal representative is clearly stipulated by the law, that is, statutory, according to the principle that the legal effect is higher than the agreement, the exemption agreement cannot contradict the legal provisions, that is, it is invalid to the outside world. Having said so many risks, I would like to remind you at last that we should be cautious and cautious when we are the "nominal" legal representative. We can't be such a legal representative when it's not the turn to pay dividends but the responsibility is ahead!