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A friend mortgaged a loan from the bank in the name of our company. Is it risky for me?
1. My friend mortgaged the bank in the name of our company. Am I at risk?

There will be certain risks, as follows:

1. If the other party fails to repay the loan on time, the company is the lender and the bank will ask the company to repay the loan. Even if the local government repays the debt to the company, the company is also the first payer, and the bank will deduct money from the company account, which may affect the normal operation of the company.

2. If the other party fails to repay in time, it will affect the company's credit record, thus affecting the company's future financing.

3. Loans in the name of the company occupy the available loan amount of the company. If a company needs a loan for its own operation, it may not be successful, because the loan amount is not enough, because the amount that each company can lend according to its own financial situation is limited.

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If the loan is made in the name of the company, the company must bear the responsibility, and after taking the responsibility, it can seek compensation from the company as a legal person. If it is a limited company, the legal representative acts on behalf of the company, and the repayment responsibility after signing the loan contract shall be borne by the company, and the shareholders shall be liable to the company to the extent of their capital contribution.

If it is a partnership, the behavior of the legal representative represents the partnership, and the debts of the partnership are jointly and severally liable by each partner, which is also the fundamental difference between a limited company and a partnership. As long as shareholders have not transferred their shares, they are still shareholders of the company and still have obligations and rights.

Article 149 of the Company Law of People's Republic of China (PRC) * * * Directors, supervisors and senior managers who violate laws, administrative regulations or the Articles of Association when performing their duties in the company shall be liable for compensation.

2. What are the risks of corporate loans made by others in the name of our company?

1. The risk that someone else's company borrows money in its own name is that once the backdoor company handles the loan in the bank, from a legal point of view, the company will bear the responsibility of using and repaying the loan, and such a loan is untrue, so it should also bear the responsibility of fraudulent loans and be punished as finance. Therefore, your company should bear economic and legal responsibilities.

2. A company as a legal person refers to an enterprise organization established in accordance with the Company Law, which has independent property, can enjoy civil rights and bear civil obligations in its own name, and bear civil liability for the debts of the company with all its property.

3. Loan is a form of credit activity in which banks or other financial institutions lend monetary funds at a certain interest rate and must return them. Loans in a broad sense refer to loans, discounts, overdrafts and other borrowing funds. Banks put concentrated money and monetary funds out through loans, which can meet the needs of social expansion and reproduction and promote economic development; At the same time, banks can also obtain loan interest income and increase their own accumulation.

3. My friend mortgaged the bank in the name of our company. Am I at risk?

There will be certain risks, as follows:

1. If the other party is not the lender, the bank will ask the company to repay. Even if the local government repays the debt to the company, the company is also the first payer, and the bank will deduct money from the company account, which may affect the normal operation of the company.

2. If the other party fails to repay in time, it will affect the company's credit record, thus affecting the company's future financing.

3. Occupy the available loan line of the company in the name of the company. The loan may be successful, because each basic company can lend according to its own financial situation.

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If the loan is made in the name of the company, the company must bear the responsibility, and after taking the responsibility, it can seek compensation from the company as a legal person. For example, in a table company, the repayment responsibility for signing a loan contract shall be borne by the company, and the shareholders shall bear it to or from the company to the extent of their capital contribution.

If it is a partnership, the behavior of the legal representative represents the partnership, and the fundamental difference is that the partners bear unlimited joint liability. As long as shareholders have not transferred their shares, they still have to bear the obligation to enjoy their rights.

Article 149 of the Company Law of People's Republic of China (PRC), directors, supervisors and senior managers shall be liable for compensation for the implementation of the Articles of Association.