What are the loan restrictions?
What are the restrictions on borrowers when lending money
(1) The borrower shall not apply to different branches of the lender in the same jurisdiction at the same time. Borrow money separately.
(2) Obligation to inform. Borrowers are not allowed to provide lenders with false balance sheets, profit and loss statements and other production and operation information that conceal important facts, in order to prevent borrowers from using false production and operation data to obtain loans that are not commensurate with their repayment ability, which may affect their ability to repay. Financial institution’s financial security.
(3) The borrower shall not use the loan to engage in equity investment. Except for a few cases otherwise stipulated by the state, my country's company law, relevant enterprise laws and enterprise registration systems all clearly stipulate that the parties must establish Companies or other enterprises (including shareholders who are corporate enterprises) must have a legal minimum amount of registered capital. When registering, these funds must be accompanied by capital verification certificates from relevant banks and certified public accounting firms.
(4) The borrower shall not use the loan to conduct speculative business activities in securities and futures.
(5) Except for borrowers who have obtained the qualification to operate real estate in accordance with the law. No other unit or individual may use loans to engage in real estate business; borrowers who have obtained real estate business qualifications in accordance with the law may not use loans to engage in real estate speculation.
(6) Borrowers are not allowed to use loans to obtain illegal income. The "General Principles of Loans" stipulates that borrowers are not allowed to act as an intermediary and transfer the loan at a higher price (interest rate) on top of the original loan price, thereby raising the interest rate in the financing market. , affecting the stability of financial markets.
(7) Borrowers are not allowed to use foreign exchange loans in violation of national foreign exchange management regulations. Before my country's RMB is fully convertible, the state still has to supervise foreign exchange funds and regulate the business (foreign exchange). Institutions carry out qualification restrictions to ensure the orderly and safe flow of national foreign exchange funds.
Obligations of the borrower in the loan contract
(1) The borrower needs to perform information disclosure obligations.
The borrower's information disclosure refers to the activities in which the borrower provides the true status of the loan-related business activities and financial status in response to the lender's need to understand its credit status during the conclusion of the loan contract. .
In the process of entering into a loan contract, the borrower first needs to submit a loan application to the lender, and the lender also needs to review the borrower's application, especially regarding the necessity and feasibility of the loan and the borrower's credit standing. Carefully understand the situation to ensure the safety and efficiency of loan activities.
(2) The borrower has the obligation to collect the loan in accordance with the contract.
The borrower needs to collect the loan according to the agreed date and amount.
(3) The borrower has the obligation to use the loan in accordance with the contract.
According to the provisions of the Civil Code, if the borrower fails to use the loan for the agreed purpose, the lender may stop issuing the loan, withdraw the loan in advance, or terminate the contract.
(4) The borrower also needs to pay interest in accordance with the agreement.
(5) The borrower has the obligation to repay the loan on time.
According to the provisions of the Civil Code, the borrower shall repay the loan within the agreed period. If the loan period is not agreed upon or the agreement is unclear, it needs to be determined in accordance with Article 510 of the Civil Code. The borrower can repay at any time; the lender can urge the borrower to repay within a reasonable period of time.
Although borrowing from financial institutions is troublesome, it still benefits borrowers a lot. For example, it can be used by business people as working capital; people who start businesses can use it as a starting deposit; and it can be used by home buyers. Come pay the house payment and so on. So it's worth the trouble. Don't borrow money just because of the trouble. It's illegal and risky. Hualv.com also provides online lawyer consultation services, and you are welcome to make legal consultations.
Shareholders of a joint-stock bank can borrow money from the bank
Shareholders of a joint-stock bank can borrow money from the bank, which is also a related party loan. Commercial banks shall not grant credit loans to related parties; the conditions for granting guaranteed loans to related parties shall not be better than the conditions for similar loans to other borrowers. As long as you provide a valid guarantee, you can get a loan within the bank's credit limit.
Related persons refer to:
(1) Directors, supervisors, managers, credit business personnel of commercial banks and their close relatives;
(2) Companies, enterprises and other economic organizations in which the persons listed in the preceding paragraph invest or hold senior management positions.
Banking laws in many countries restrict banks from granting loans to related parties. Although the banking laws of various countries have different definitions of the meaning of related parties, generally speaking, they refer to those people who have a special and close relationship with the bank.
How much can a company’s shareholders borrow for operating loans?
For a company that has been operating for more than one year, the corporate credit loan can be up to 5 million yuan. The amount that can be borrowed mainly depends on the company’s operating conditions and income.
The operating loan limit is very high, with the maximum limit being 10 million yuan.
Some commercial banks and lending institutions can even lend 30 million, but not every company can lend such a high amount. The amount of operating loans is generally the responsibility of each commercial bank branch.
Conditions for corporate shareholder loans
The conditions are as follows:
1. Time limit
Different corporate legal persons applying for loans, whether they are individuals Industrial and commercial households are still shareholders holding shares, and the company must have been operating for one year before it can apply.
2. Submit basic information
The applicant must submit the second-generation ID card, proof of personal address (including various daily expenses such as electricity bills, water bills, and business entity certificates). The certificate must be legal, true and valid.
3. Submit business certificate and income certificate
Submit the business license certificate provided by the relevant national agency, as well as the account flow information for the last 6 months.
4. Submit real estate certificate
Mainly submit the real estate certificate or house purchase contract, house purchase invoice and loan contract to prove that the personal residence meets the review requirements.
5. Credit record
If a legal person borrows money in the name of an individual, it will not be able to carry out the company's finances. It requires the individual's work certificate, income certificate, bank statement information in recent months, and Whether there is a bad personal credit record and whether the borrower has a record of major illegal acts is an important factor that financial lending institutions consider.
1. What is the corporate loan limit?
< p>1. The limit of corporate corporate loans can reach up to RMB 20 million.2. Corporate corporate loans are subject to revolving credit within the quota, and can be borrowed and repaid at any time within the available quota, and can be repaid multiple times.
2. Notes on Personal Loans
1. Do not use the provident fund before applying for a loan. If the borrower withdraws the provident fund balance to pay for the house, then your provident fund will be used. The provident fund balance on the account is zero, so your provident fund loan limit is also zero, which means you will not be able to apply for a provident fund loan.
2. Do not repay in advance within the first year of borrowing. . According to the relevant provisions of provident fund loans, partial prepayment should be made after one year of loan repayment, and the amount you repay should exceed the 6-month repayment amount.
3. Don’t lose the loan contract. and IOU. When applying for a mortgage loan, the loan contract and IOU signed by the bank are important legal documents. Since the loan term can be up to 30 years, as a borrower, you should keep your contract and IOU properly.
4. If you have difficulty repaying your loan, don’t forget to find a bank around you. When your ability to repay your debt decreases during the loan period and you have difficulty repaying your loan, don’t do it yourself. ICBC customers can ask ICBC to extend the loan period. If the application is verified by the bank and the loan principal and interest are not in arrears, ICBC will accept your application for extending the loan period.
5. Don’t forget to inform you of your obligations when renting out your home after the loan. When renting out a mortgaged house, you must inform the tenant in writing of the fact that it has been mortgaged.
6. Don’t forget to cancel the mortgage when you have paid off the entire loan principal and interest. Afterwards, you can go to the real estate trading center in the district or county where the property is located to cancel the mortgage with the bank's loan settlement certificate and other certificates of real estate rights of the mortgaged property.