Current location - Loan Platform Complete Network - Bank loan - Can a company borrow money in the name of its legal representative?
Can a company borrow money in the name of its legal representative?

The legal representative of the company can borrow money in his personal name. According to relevant legal provisions, when the legal representative of a legal person enters into a private loan contract with a lender in his personal name, it shall be deemed as a personal loan. However, the borrowed items are used for the production and operation of the unit, and the lender requests that the unit and the individual bear joint liability. Except.

Legal Basis

Article 22 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"

The legal representative or non-legal representative of a legal person The person in charge of a legal person organization signs a private loan contract with the lender in the name of the unit, and there is evidence to prove that the loan item is for the personal use of the legal representative or person in charge, and the lender requests that the legal representative or person in charge be listed as a co-defendant or If a third party is involved, the people's court shall grant permission.

The legal representative of a legal person or the person in charge of an unincorporated organization enters into a private loan contract with the lender in his or her own name. The borrowed items are used for the production and operation of the unit, and the lender requests that the unit and the individual bear the responsibility jointly. If responsible, the People's Court shall support it.