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Is it legal to borrow funds within the group?
Legal analysis: Although the China People's Bank's Measures for Loan Management stipulates that the lending of funds between enterprises shall be handled by banks in a unified way, according to the provisions of the Company Law and the Civil Code (2021.1.1effective), as long as private lending or corporate lending conforms to the ". In fact, before the promulgation of the new Company Law, two kinds of lending behaviors involving non-financial institutions have always been considered effective: one is the lending behavior of small lending institutions, and the other is that the contract for foreign-invested enterprises to borrow from overseas enterprises without approval is legal and effective. From the perspective of financial policy supervision, the borrowing behavior between enterprises is a normal exchange of funds, and its harm is far less than that between enterprises, so the law should give it greater liquidity.

Legal basis: People's Republic of China (PRC) Company Law.

Article 104 If this Law and the Articles of Association stipulate that matters such as company transfer, major asset transfer or external guarantee must be decided by the shareholders' meeting, the board of directors shall convene the shareholders' meeting in time, and the shareholders' meeting shall vote on the above matters.

Article 148 Directors and senior managers shall not commit any of the following acts:

(1) Misappropriation of company funds;

(2) Opening an account for the company's funds in its own name or in the name of other individuals.

(3) Lending the company's funds to others or providing guarantee for others with the company's property without the consent of the shareholders' meeting, the shareholders' general meeting or the board of directors, in violation of the provisions of the company's articles of association;

(four) in violation of the articles of association of the company or without the consent of the shareholders' meeting or the shareholders' meeting, enter into a contract or conduct a transaction with the company;

(5) Without the consent of the shareholders' meeting or shareholders' meeting, taking advantage of his position to seek business opportunities belonging to the company for himself or others, and running the same business as the company he works for;

(six) accept the entrustment of others and regard the transaction with the company as your own;

(seven) unauthorized disclosure of company secrets;

(8) Other acts that violate the obligation of loyalty to the company.

The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.