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Can a company borrow money from a company?

Question 1: Can enterprises borrow money from each other? Inter-enterprise borrowing refers to the civil act of lending funds to each other between two enterprises without financial management rights.

Regarding the validity of enterprise loan contracts, paragraph 2 of Article 11 of the Commercial Bank Law clearly stipulates: Without the approval of the banking regulatory agency of the State Council, no unit or individual may engage in commercial banking business such as taking deposits from the public.

Currency lending is a financial business whose stability is related to the long-term stability of a country's economy. It can only be operated exclusively by financial institutions designated by the state. Lending between non-financial institutions and enterprises has always been prohibited by Chinese law.

For a long time, judicial practice has always denied the validity of inter-enterprise loan contracts, which means that inter-enterprise loan contracts are considered illegal and should be invalid.

Regarding the treatment of corporate loan interest.

Regarding the handling of illegal loan dispute cases between enterprises, the judicial interpretation issued by the Supreme People's Court stipulates that the borrower will only return the principal without interest.

In addition, from the expiration date of the repayment period stipulated in the contract to the expiration of the court's judgment to determine the borrower's return of principal, all the interest that has been obtained by the contributor or the interest that has been agreed but has not been obtained will be recovered.

Question 2: Can a company lend money to an individual? The boss is the legal representative, and what can be lent to him is a private enterprise, not a joint-stock company. If it is a joint-stock company, the board of directors and the board of supervisors will take care of this matter. When writing a transfer check, you must also write an IOU.

If the boss approves it, if it cannot be recovered after three years and the bad debts are dealt with, bad debts will have to be prepared in the second year. For more than 100 million, I think a repayment agreement must be written (I don’t know if there is a law). The financial staff will do their best.

Recovery (unless the boss has the final say and he doesn’t want the borrower to repay), I think so. Question 3: Can shareholders borrow money from the company? Because the company can borrow money from shareholders, it should be accounted for current accounts.

Moreover, there is no impact if you use the current account account, so you don’t need to worry about accounting it into other accounts.

Question 4: Can shareholders borrow money from the company? Yes, this is equivalent to ordinary private borrowing.

But it is not enough to note that the shareholders are also directors, supervisors and senior executives.

The basis is as follows: Article 115 of the Company Law: A company shall not provide loans to directors, supervisors, or senior managers directly or through subsidiaries.

Question 5: Can a company borrow money from individuals?

Are you asking about legal compliance?

Of course it's not legal or compliant.

IOUs cannot be entered into the account either.

If it is a short-term turnover, the accounts can be settled within 1 month.

Make off-the-books registrations.

Question 6: Can an enterprise borrow money from an individual? What should individuals pay attention to when borrowing money from an enterprise? According to the latest judicial interpretation on private lending cases, individuals can borrow money from an enterprise; matters that need attention include: but are not limited to the borrower issuing an IOU, issued by

The company's seal and the signature of the legal person or person in charge; the IOU must clearly state the interest and repayment period; if there is a guarantor, the guarantor must sign and indicate that he is the guarantor; if there is a mortgage, the mortgage registration must generally be completed; the minimum amount of the payment must be

Good bank transfer, such as cash, also requires the company to issue a receipt, etc.

Question 7: Can enterprises borrow from each other? Enterprises cannot borrow from each other.

The relevant national regulations are as follows: Article 2 of the "General Principles of Loans" stipulates: "The lender referred to in these General Principles refers to a Chinese-funded financial institution established in accordance with the law in China to engage in loan business. The borrower referred to in these General Principles refers to a person from

Legal persons, other economic organizations, individual industrial and commercial households, and natural persons who obtain loans from Chinese-funded financial institutions that engage in loan business refer to the loans provided by the lender to the borrower and the principal and interest are repaid according to the agreed interest rate and period.

Monetary funds. The loan currencies in these General Regulations include RMB and foreign currencies.”

Article 61 of the "General Principles of Loans" stipulates: "Administrative departments at all levels and enterprises and institutions, supply and marketing cooperatives and other cooperative economic organizations, rural cooperative foundations and other foundations are not allowed to engage in financial services such as deposits and loans. Enterprises must not violate

The state stipulates the handling of lending or disguised lending and financing business.”

Article 73 of the "General Principles of Loans" stipulates: "Administrative departments, enterprises and institutions, joint-stock cooperative economic organizations, supply and marketing cooperatives, rural cooperative foundations and other foundations issue loans without authorization; enterprises handle loans without authorization or borrow in disguised form

, the People's Bank of China shall impose a fine of not less than 1 time but not more than 5 times of the illegal income on the lender, and shall be banned by the People's Bank of China." The interest obtained by the lender shall be collected, and the interest obtained shall be imposed on the lender.

If the penalty is more than 5 times but not more than 5 times, the borrower shall be subject to a penalty equivalent to bank interest.

"Question 8: Can an enterprise borrow money from an individual? If an enterprise borrows money from an individual in order to expand its production scale and is short of funds, both parties are willing to do so, their intentions are genuine, and the interest rate agreement is in compliance with national laws and regulations. This behavior is

It should be legal and protected by law. For relevant legal basis, please refer to several opinions of the Supreme People's Court on the trial of loan cases by people's courts: 6. The interest rate of private lending can be appropriately higher than the interest rate of banks.

The actual situation must be understood in detail, but the maximum shall not exceed four times the bank's similar loan interest rate (including the principal amount of interest rate).