1. If a legal person borrows money in the name of the company, does the shareholder need to sign?

If you bought shares of Vanke,

Did Vanke ask you to sign when it applied for a loan from the bank?

Whether all shareholders need to sign for a company loan depends on the company's articles of association.

The company's articles of association say that it is required, then it must be required; if it is stated that one representative can sign, then it is not necessary; if it is required to be signed by people holding more than 50% of the shares, then more than 50% of the shares must be signed. People sign and agree.

However, generally speaking, it is rare for all shareholders to sign and agree.

2. Who is the legal representative in the contract?

The legal representative refers to the main person responsible for exercising civil rights and performing civil obligations on behalf of the legal person in accordance with the law (such as: the director of the factory, the company chairman, etc.).

Article 49 of the "Civil Procedure Law of the People's Republic of China" stipulates: Legal persons shall litigate by their legal representatives; other organizations shall litigate by their principal persons in charge. The legal representative has the right to directly represent the unit to the people and respond to lawsuits. The litigation actions he performs are the litigation actions of the unit (or legal person) and have direct legal effect on the unit (or legal person). There is a certain difference between a legal representative and a representative of a legal person. The behavior of the representative is not the behavior of the represented person, but only has direct legal effect on the principal. The behavior of the legal representative is the enterprise, institution, etc. itself. behavior.

The term "representative" in the contract is relatively vague, and is generally divided into two types: one is the legal representative, which is the name shown in the company's articles of association and business license, and the other is the authorized agent, which should have Only the power of attorney from the company or the parties concerned can be legally binding.

3. How to write a loan agreement when a legal representative borrows money from a company in his or her own name

The loan agreement clearly states the amount and purpose of the loan, and all it takes is the signature and seal of both parties. However, if the company's legal representative borrows money from his own company and is suspected of infringing on the company's interests, the shareholders' meeting should pass a resolution and let someone else represent the company

4. Who should be named as the legal representative on the loan contract?

Lender: the president of the bank, the acceptance staff of the lender’s bank. The borrower, the legal representative of the enterprise, the manager, and the financial person in charge.