According to the Criminal Code of People's Republic of China (PRC)

Article 193 For the crime of loan, whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.

If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) Loans in other ways.

Extended data

According to the spirit of the Minutes of the National Symposium on the Trial of Financial Crimes held by the Supreme People's Court in Changsha, Hunan Province from September 20 to 22, 2000, in judicial practice, if an actor illegally obtains funds through methods, resulting in a large amount of funds that cannot be returned, and under any of the following circumstances, it can be considered as having the purpose of illegal possession:

(1) defrauding a large amount of money knowing that he has no repayment ability;

(2) absconding after illegally obtaining funds;

(3) defrauding funds at will;

(four) the use of fraudulent funds for illegal and criminal activities;

(5) Evading, transferring funds or hiding property to avoid returning funds;

(6) Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;

(seven) other illegal possession of funds and refused to return. However, when dealing with specific cases, if there is evidence that the perpetrator has no purpose of illegal possession, it cannot be punished as a financial crime just because the property cannot be returned.

According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases, individuals who borrow more than 6,543,800 yuan are considered as "large"; Personal loans of more than 50,000 yuan are "huge"; Personal loans of more than 200,000 yuan are "extremely huge".

2. What responsibilities should corporate loan shareholders bear?

The company's loan shareholder is

1. If the enterprise is a limited liability company or a joint stock limited company, the shareholders shall bear limited liability with their share of capital contribution; If the capital contribution of the stock department is fully in place, it is not necessary.

2. If the shareholders make a guarantee in the process of enterprise loan, they need to bear the guarantee responsibility. Repayment responsibility when the enterprise can't repay normally.

Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association. The total amount of investment or guarantee and the limit of a single investment or commitment stipulated in the articles of association of the company. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders controlled by the actual controller shall not participate in the voting rights held by off-balance sheet shareholders as mentioned above.

The registered capital of a limited liability company is the capital contribution subscribed by shareholders. Where laws, administrative regulations and decisions of the State Council have other provisions on the lower limit of limited liability, such provisions shall prevail. Shareholders may contribute their capital in currency, or in the form of non-monetary property such as the right to use in kind, which can be valued in currency and transferred according to law, except the property stipulated by laws and administrative regulations. Non-monetary property as capital contribution shall be appraised and appraised, and the property shall be verified. Where there are provisions in laws and administrative regulations on appraisal and evaluation, those provisions shall prevail.

Shareholders shall pay the capital contribution subscribed by the company seal in full and on time. Where the shareholders make capital contributions in cash, they shall deposit their capital contributions in full into the account opened by the limited liability company in the bank. Handle the formalities of property right transfer with non-monetary property. In addition to failing to pay in accordance with the above provisions, shareholders shall also be liable for breach of contract to shareholders who have paid their capital contributions in full and on time.

legal ground

《

Article 3 A company is an enterprise legal person with legal person property rights. The company is liable for its debts with all its property.

Some are liable to the company to the extent of capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.

Three, what responsibility does the enterprise bear to the bank loan appraiser?

Joint and several liability. When evaluating the enterprise's loan to the bank, the branches need to bear joint and several liabilities. Bank loan refers to an economic behavior that banks lend funds to people in need of funds at a certain interest rate according to national policies and return them within the agreed time limit.

4. What does it mean for the bank to refund the assessment fee?

If the customer's loan is mortgaged by real estate, the bank will entrust a third-party appraisal company to evaluate the collateral, and decide whether to approve the loan according to the appraised value of the collateral and the borrower's comprehensive repayment ability. In the past, the appraisal fee of appraisal company was paid by the borrower, and the personal real estate appraisal fee was 80 yuan. Now, this fee is paid by the bank. If the borrower pays the assessment fee in advance, the bank will refund the assessment fee to the customer afterwards.