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Provisions of the Company Law on Shareholders' Borrowing
Legal analysis: the company's borrowing from shareholders refers to the behavior of borrowing from its internal shareholders in business activities because of capital needs or business needs after the company is established. When a company borrows money from individual shareholders, it first needs to hold a general meeting of shareholders to vote on the loan. Borrowing is the act of bringing debts to the company. According to the Company Law and Articles of Association, it is necessary to convene a shareholders' meeting to vote. The shareholders' meeting of the company shall convene shareholders in accordance with the provisions of the Company Law and the Articles of Association and form a resolution agreeing to borrow money from individual shareholders. If the articles of association clearly stipulate that the company shall not borrow money from individual shareholders, the borrowing behavior is invalid because it violates the articles of association. Therefore, whether it is legal for a company to borrow money from shareholders depends on whether it meets the legal borrowing procedures. If it does not violate the relevant articles of association, it is unanimously recognized and agreed by other shareholders on this basis, and it has passed relevant legal procedures, it will be protected by law, otherwise it will not be protected by law.

Legal basis: Article 116th of the Company Law of People's Republic of China (PRC). The company may not provide loans to directors, supervisors and senior managers directly or through subsidiaries.

Article 9 of "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" has one of the following circumstances, which can be considered as having the effective elements of the loan contract between natural persons in Article 210 of the Contract Law:

(1) Pay in cash from the date when the borrower receives the loan;

(2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall start from the date when the funds reach the borrower's account;

(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;

(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;

(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.