Shareholder's loan: Except as provided by law, the company shall not be a joint and several liability investor for the debts of the invested enterprise. 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; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. 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 specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting. Shareholders of the company shall abide by laws, administrative regulations and the articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

Because the capital increase needs to be proposed by the board of directors and voted by the shareholders' meeting. After raising funds, it is necessary to conduct capital verification again and change the industrial and commercial registration. The loan to shareholders only needs to sign relevant contracts.

2. Is the loan of the affiliated enterprise a shareholder loan?

Not exactly.

1, the affiliated enterprise loan refers to the loan guarantee chain formed by the construction of multi-level equity relationship between enterprises, which forms a seemingly legitimate financing platform, thus obtaining huge bank loans.

2. Shareholder loans refer to loans issued in the name of the company. The two are not related by blood, so they don't belong.

3. What is a shareholder entrusted loan?

The loan entrusted by shareholders refers to the loan business in which shareholders provide funds to banks, and banks issue, supervise the use and assist in recovery on their behalf as needed. To apply for entrusted loans, a settlement account should be opened in a commercial bank, and shareholders must bear the loan risks alone. According to Article 34 of the Law on Commercial Banks in People's Republic of China (PRC), commercial banks conduct loan business according to the needs of national economic and social development and under the guidance of national industrial policies. Article 35 A commercial bank shall strictly examine the borrower's loan purpose, repayment ability and repayment method. Commercial bank loans shall be subject to the system of separating loan review from grading approval. Article 36 When a commercial bank lends money, the borrower shall provide guarantee. Commercial banks should strictly examine the repayment ability of guarantors, the ownership and value of collateral, and the feasibility of realizing collateral. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.

4. "Shareholder loans" refers to loans made by enterprises to shareholders or by shareholders to enterprises.

This depends on how the accounting entries are made, and then it is judged whether the shareholders lend it to the enterprise or the enterprise lends it to the shareholders.

If the original entry is:

Debit: Other receivables -XX shareholders

Loans: bank deposits

Lend to shareholders for the enterprise.

If the original entry is:

Debit: bank deposit

Loan: Other payables -XX shareholders

Lend the enterprise to shareholders.