With regard to inter-enterprise lending, the law has developed from not allowing or supporting it many years ago to guiding and adjusting it now. Based on the author's practical experience, this paper summarizes some points for attention in inter-enterprise lending for readers' reference.

1 first point: when signing the contract, the official seals of both parties should be stamped in a standardized manner and signed by the legal representative of the company or the authorized representative with written authorization. In practice, it is common that only the boss signs without official seal or other company seals, which is irregular and prone to disputes.

The second point: clearly stipulate the account number of the collection in the loan agreement, or send the borrower a notice of the account number information after signing the agreement, so as to avoid being confused with "this loan" because the money has entered the account number of a third party and being deliberately distorted in the event of a dispute.

The third point: the two cases we have done recently belong to the case of lending, that is, the previous cooperation was mainly based on investment. However, when the party whose investment cooperation is not smooth defaults, both parties agree to convert it into a loan and continue to repay. In this case, the reasons for the transformation and the establishment of the loan relationship should be clearly agreed, so as to avoid the later party deliberately confusing the facts with "investment is risky".

4 Point 4: In terms of protecting interests and their own safety, customers often worry about the loan relationship. To a certain extent, it becomes illegal lending and high-interest lending.

Then, please pay attention to these elements: 1 The contract should be well written, at least it cannot be directly used as the loan contract text of the bank; 2 emphasize the company's own funds; 3. Avoid borrowing many times in a period of time, so that the loan income accounts for the bulk of the main income and becomes a regular loan; The interest agreement is also particular, so as to avoid the suspicion of usury.

Since there are more and more such cases, let's analyze them from the perspective of lenders.

First, it is normal for enterprises to have outstanding loans, and it cannot be said that they have loans. Lending at this time is a high-interest loan.

Secondly, regarding the high interest rate, the court often examines the interest rate during the loan period, thus leaving room for the borrower to agree to pay the overdue repayment interest when it fails to repay.

Third, the contract is invalid, and there are also fault problems. If the lender is wrong, the borrower is not wrong? According to the contract, if it is deemed invalid by the court at that time, the borrower should not only return the capital occupation fee, but also bear the losses caused to the borrower. How to define the loss can be done in advance from multiple dimensions.