Can enterprises borrow money from individuals? How do enterprises borrow money from enterprises?

enterprises can borrow money from specific individuals. According to the provisions of the general principles of the civil law, under normal circumstances, mutual lending between citizens and enterprises belongs to private lending, which is allowed by law, and can be recognized as effective as long as the intentions of both parties are true. However, the Supreme People's Reply on How to Confirm the Effectiveness of Lending between Citizens and Enterprises clearly stipulates several situations that should be considered as invalid lending: < P > First, enterprises illegally raise funds from employees in the name of lending;

second, enterprises illegally raise funds from the society in the name of lending;

third, enterprises issue loans to the public in the name of lending;

iv. other acts violating laws and administrative regulations. The above provisions are invalid in several cases, all of which are enterprises suspected of illegally raising funds and issuing loans. For general loan cases, the legitimate rights and interests of creditors and debtors will be protected and restricted in accordance with the principles of voluntariness, mutual benefit, fairness and legality.

The loan relationship between an individual and an enterprise is legal and effective if the agreed interest rate is less than four times the interest rate of similar loans of banks, and there is no act prohibited by law, and it should be protected by law.

Extended information:

In the Reply on How to Confirm the Validity of Lending between Citizens and Enterprises, the Supreme People stipulated: "Lending between citizens and non-financial enterprises belongs to private lending, and it can be recognized as valid as long as the intentions of both parties are true."

At present, loans between enterprises are prohibited by the general principles of loans, and there are clear administrative penalties. Although this provision is only an administrative regulation and unreasonable, it still has legal effect.

When an enterprise borrows money from an individual, it shall be deemed invalid under any of the following circumstances:

1. The enterprise illegally raises funds from employees in the name of borrowing money;

2. The enterprise illegally raises funds from the society in the name of lending;

3. The enterprise issues loans to the public in the name of lending;

4. Other acts in violation of laws and administrative regulations.

At the same time, the Supreme People's Opinions on People's Trial of Loan Cases also stipulates: "The interest rate of private lending may be higher than that of banks, but the maximum interest rate shall not exceed four times that of similar loans of banks; Interest within 4 times is protected by law, and the excess is not protected by law. "