If a personal loan is given to a company, repayment will be given priority
If a personal loan is given to a company, repayment will be given priority. If personal loans and bank loans are ordinary claims, when the company's assets are insufficient to repay them in full, they will be repaid in proportion. If one of the loans is secured, it will be repaid first. When personal property or corporate bankruptcy property is insufficient to pay off all debts, you must first apply for bankruptcy. After acceptance, confirm the bankruptcy claims reporting period, and then pay off various claims in accordance with the law.
How to account for loan interest in a personal name to a company, and the bank pays it directly to the supplier?
Debit: financial expenses, credit: bank deposit (or cash on hand) .
Enterprise legal persons or shareholders obtain loans from banks in their own names, and then use the funds for the production and operation of the enterprise. Although the funds are used for business activities, it does not mean that the company borrows money from the bank, and the bank loan interest is charged to the individual who borrows the loan. The principal and interest of the loan are paid by the company to the individual, and then the individual returns it to the bank. In essence, the individual borrows from the bank. Then lend it to businesses.
Regulations on pre-tax deductions for interest on loans borrowed by enterprises from individuals: Article 6 of the "Provisional Regulations on Enterprise Income Tax of the People's Republic of China" stipulates that "taxpayers shall deduct interest from financial institutions during production and operation." Interest expenses on borrowings shall be deducted based on the actual amount incurred; interest expenses on borrowings from non-financial institutions shall be deducted if the amount is not higher than the amount calculated based on the interest rate of similar loans from financial institutions for the same period. If you pay interest on bank loans for the same period, the full amount can be deducted before tax. If it is higher than the bank loan interest rate for the same period, tax adjustments should be made. Regarding interest, whether it should be treated as a financial expense or capitalized depends on the purpose of the borrowing. Generally, interest on working capital borrowings is treated as a financial expense. Invoices must be provided for interest to be recorded, and the lender can apply to the tax bureau for issuance of invoices. Individuals who obtain interest must pay business tax and surcharges on the interest obtained and personal income tax.
What should I do if the company asks a personal loan company to use it?
You can refuse. The law does not give the employer such power, so the employer cannot force it, even if the company's rules and regulations have this provision. , is also invalid because it excludes the workers’ legal right to choose freely, and the workers do not need to execute it. Companies are not allowed to force employees to do anything that is not within the scope of their job responsibilities if they do not agree.
Legal Analysis
It is unreasonable and illegal for a company to allow personal loans to be used by the company. It is a forced purchase and sale and does not comply with the principle of voluntariness. The inviolability of personal freedom is the most basic and basic right of citizens, and is a prerequisite for citizens to participate in various social activities and enjoy other rights. If a person's legitimate rights and interests are infringed upon and a lawsuit is filed against the people in accordance with the law, the people should promptly hear the case in accordance with the law. The company should make the management measures public and make it one of the conditions for employment. The right to personal freedom refers to the right of citizens to act independently within the scope of the law without interference from others and without restriction of freedom. It is the personality right of citizens to act and think according to their own will and interests without being restricted, controlled or hindered. When the company allows individuals to lend money to the company, it directly interferes with the employee's behavior. It does not directly interfere with the employee's actions and thinking according to his own will and interests. This behavior may have control factors over the employee's behavior, but this control factor It can only be regarded as a broad scope of control.
Legal Basis
"The People's Republic of China and the Civil Code"
Article 110 Natural persons enjoy the rights to life, body, health, Rights to name, portrait, reputation, honor, privacy, freedom of marriage, etc. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
Article 120: If civil rights and interests are infringed upon, the infringed party has the right to request the infringer to bear infringement liability.
Article 179 The main ways to bear civil liability include: (1) stopping the infringement; (2) removing obstacles; (3) eliminating danger; (4) returning property; (5) restoring Original condition; (6) Repair, redo, and replace; (7) Continue performance; (8) Compensate for losses; (9) Pay liquidated damages; (10) Eliminate the impact and restore reputation; (11) Apologize. If the law provides for punitive damages, such provisions shall prevail. The methods for bearing civil liability stipulated in this article may be applied individually or in combination.
About personal name loans for company operations
Applying for a loan from the bank in your personal name for company operations is called a personal operating loan. It is applied in your personal name. The company's operating income serves as the source of repayment.
The requirement for this loan is that you are a legal person or shareholder of the company, or the actual controller (the company needs to provide proof and all shareholders and legal persons sign) and the company can operate normally.
The China Banking Regulatory Commission stipulates that payments of more than 300,000 yuan must be entrusted, which means that the money will not be paid directly to your account, but to the upstream and downstream companies that cooperate with your company. This is the only supervision.
The bank has no direct connection with the judicial department. As long as you repay the loan normally, the bank will not solve the problem through legal means, so there are no legal obstacles.
1. "Operation" is an extension of "management". Usually according to the nature of enterprise management work, marketing and production are called "operations", and other management contents are called "management".
Enterprise trainer Wang Junheng can understand operation and management in this way. Enterprise operation will include the two main links of operation and management. Operation refers to the behavior of the enterprise in conducting market activities, while management refers to the smooth work process of the enterprise. , the behavior of discovering problems.
Operation and management are interpenetrated. We often talk about operation and management together. The actual situation is that the scientific decision-making process in operation is the penetration of management, and the operational awareness in management can be said to be emotional intelligence. manifestation. Strictly distinguishing operation and management is a misunderstanding and a sign of retreat.
2. Management is external, pursuing the acquisition of resources and establishing influence from outside the enterprise; management is internal, emphasizing the integration of internal resources and establishing order. Operations pursue efficiency, increase revenue, and make money; management pursues efficiency, cutting expenditures, and controlling costs. Operations are expansionary, and we must be proactive, seize opportunities, and be bold; management is convergent, and we must be cautious and prudent, and we must evaluate and control risks.
Operation and management are inseparable. Operation and management are like the yang and yin in the enterprise, "he" and "she", they must coexist and seek unity in the contradictions: there must be shadows in the light, and there must be light in the shadows. ; Operation and management are also interdependent and inseparable. Operations that ignore management cannot last long and are not sustainable. How much money is earned is wasted, and the effort is in vain.
3. Operation is the leader, management is the foundation, and management must serve the operation. If an enterprise wants to become bigger and stronger, it must first focus on operations, study the market and customers, and provide targeted products and services to target customers; then basic management must keep up. Only when management keeps up can operations continue to move forward. When operations advance, higher requirements will be placed on management levels. Therefore, the law of enterprise development is: operation-management-operation-management alternately advance, just like a person's left foot and right foot. It will not work if we ignore management and focus only on operation. If management is held back, operation will not be able to move forward. On the contrary, if you put aside operations and only focus on management, you will stand still or even go backwards.
Does a company’s personal loan require my signature to take effect?
A company’s personal loan requires my signature to take effect
The loan contract must be signed by the borrower. If this happens, yes.
The loan contract is a form of economic contract. That is, the lender will deliver the currency to the borrower for use, and the borrower will return a certain amount of currency and its interest to the loan on a scheduled basis in accordance with the relevant regulations and the mutual rights and obligations determined by the loan. In order to ensure their own safety, lenders require the borrower's financial status during the period when the loan contract is valid.