Can company equity be used as collateral for loans?

Company equity cannot be used as collateral for loans.

The company's equity is a property right and can only be registered as a pledge.

Shareholders can pledge their equity in accordance with the law, and the right to pledge is established when the pledge is registered.

Equity shares may not be transferred after being pledged, except with the agreement between the pledger and the pledgee.

The legal basis is Article 425 of the "People's Republic of China and Civil Code". In order to guarantee the performance of debts, the debtor or a third party pledges its movables to the creditor for possession, the debtor fails to perform the due debts or the parties agree to do so.

When the pledge is realized, the creditor has the right to receive priority payment for the movable property.

The debtor or third party specified in the preceding paragraph shall be the pledger, the creditor shall be the pledgee, and the movable property delivered shall be the pledged property.

Article 443: If fund shares or equity are pledged, the right to pledge shall be established when the pledge is registered.

After the fund shares and equity are pledged, they may not be transferred, except with the agreement between the pledger and the pledgee.

The price received by the pledger from the transfer of fund shares or equity shall be paid off the debt in advance or deposited with the pledgee.

Can company equity be used as a mortgage loan? Company equity can be applied for a mortgage loan.

Equity mortgage loan application process: 1. The equity borrower applies to the lending institution and presents relevant materials; 2. The equity borrower and the lender should sign a loan contract in writing, and both the pledger and the lender should sign a loan contract in writing.

Enter into an equity pledge contract. The equity pledge contract can be concluded separately, or it can be a guarantee clause in the loan contract; 3. Within the agreed time after the equity pledge contract is signed, the equity parties must present the equity pledge contract to the equity pledge registration agency (equity issuance company)

Register with the industrial and commercial administrative department) to handle the equity pledge registration, and hand over the equity to the equity pledge registration agency for safekeeping within the time limit specified in the contract; 4. Apply for equity pledge registration and submit materials to the industrial and commercial administrative department; 1.

"Equity Pledge Establishment Registration Application" signed or stamped by the applicant; 2. A copy of the shareholder list of the limited liability company recording the name of the pledger and the amount of capital contribution, or a copy of the joint stock limited company held by the pledger

Copy of the stock (both must be stamped with company seal); 3. Pledge contract; 4. Copy of the qualification certificate of the pledger or pledgee or the identity certificate of the natural person (if the pledger or pledgee is a natural person, the certificate must be submitted in person)

Signature, if it belongs to a legal person, affix the seal of the legal person, the same below); 5. Other materials required by the State Administration for Industry and Commerce, if the designated representative or *** is handled with the entrusted agent, the applicant's designated representative or *** should also be submitted

*Proof of the same as the authorized agent.

5. The lender handles the loan in accordance with the loan contract and the relevant certification documents of the equity pledge; Note: The ownership of bonus shares and cash dividends distributed during the equity pledge period is stipulated in the pledge contract. Before the expiration of the debt performance period, both the pledger and the pledgee shall

Bonus shares and cash dividends shall not be processed and shall be entrusted to the equity pledge registration agency for safekeeping. Cash dividends shall be calculated and paid by the equity pledge registration agency based on bank demand deposit interest rates.

The legal basis is the Company Law.

A company's shareholders can get a loan based on their shareholding. Generally speaking, personal operating loans require a shareholding of more than 20%, and some banks can even negotiate if they hold 10% of the shareholding.

Some banks require the signature of other shareholders, while others do not. The specifics depend on the matching products and corresponding policies. Applications for business loans are mainly divided into: personal business loans, business business loans, business guarantee loans and other products, depending on the scenario.

Said: For personal business loans, the main borrower is an individual, and the company only plays a supporting role. The minimum requirement is 20% of the shares. For family businesses, they do not need to be shareholders of the company and do not occupy shares of the company. If the relationship with the company can be proven, the actual control agreement will be

That's it.

For enterprise business loans, the main borrower is the enterprise. Generally speaking, if the enterprise has no direct relationship with the real estate, or the homeowner is not a shareholder of the enterprise, the third party can apply for the loan. In this case, the enterprise credit report will be used. Enterprise guaranteed loans

, this situation does not require 100% shareholding, but you must be a corporate legal person or a major shareholder of the company. When applying for a loan, you not only need bank approval, but also need the consent of the financing guarantee company.

Article 20 of the "Company Law" stipulates that shareholders of a company shall abide by laws, administrative regulations and the company's articles of association, exercise shareholder rights in accordance with the law, and shall not abuse shareholder rights to harm the interests of the company or other shareholders; shall not abuse the independent status of a company's legal person and the limited liability of shareholders to damage

The interests of the company's creditors.

If a company's shareholders abuse their rights and cause losses to the company or other shareholders, they shall be liable for compensation in accordance with the law.

If a company's shareholders abuse the company's independent status as a legal person and the limited liability of shareholders, evade debts and seriously damage the interests of the company's creditors, they shall bear joint and several liability for the company's debts.

That’s it for the introduction of whether company shares can be borrowed.