1, the company can borrow money. However, the following conditions must be met:
(1) The loan contract is concluded according to law, and there is no case that the loan contract is invalid;
(2) The loan is used for the company's production and operation;
(3) The loan behavior is approved by the resolution of the shareholders' meeting or the shareholders' meeting, and the loan amount is in line with the provisions of the articles of association.
2. Legal basis: Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases.
If a legal person or an unincorporated organization raises funds from employees in the form of loans for the production and operation of the unit, the people's court shall support it if there are no circumstances stipulated in Articles 144, 146, 153 and 154 of the General Principles of the Civil Law and Article 13 of these Provisions.
Article 12
If the borrower's or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract is certainly not invalid. The people's court shall, in accordance with the provisions of Articles 144, 146, 153 and 154 of the General Principles of the Civil Law and Article 13 of these Provisions, determine the validity of private loan contracts.
If the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or that the effective judgment determines that it constitutes a crime, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties.
2. Is it necessary to pay taxes on inter-enterprise loans?
Loans between enterprises need to be taxed. If the agreed interest rate of financing funds is lower than the interest rate of similar loans of financial institutions in the same period, the tax authorities have the right to verify their interest income and require them to pay corresponding income tax according to the interest rate of similar loans of financial institutions in the same period.