it is best to have the company's financial seal and the legal representative's seal. The loan agreement belongs to the nature of a contract, and the loan agreement can be stamped with the special contract form or the official seal of the company. The financial special seal is a seal used to handle financial matters, and it cannot be stamped on the contract, even if it is stamped, it has no legal effect.

legal analysis

the conclusion of a contract, also known as conclusion, is the unification of the dynamic behavior and static agreement of both parties to the contract, which includes both the whole dynamic process of contact and negotiation between the contracting parties before reaching an agreement, and the agreement formed after the two parties reach an agreement and determine the main terms or terms of the contract. Generally speaking, a contract is a legal act of both parties, and it can only be established if both parties reach an agreement through consultation, that is to say, concluding a contract is a dynamic process, and no matter how an agreement is concluded, it must go through two stages: offer and acceptance. A legal person's external liabilities in the name of an individual generally have nothing to do with the company; If a legal person signs a private loan contract with the lender in the name of an individual, and the borrowed money is used for the production and operation of the enterprise, the enterprise and the individual shall bear the same repayment responsibility. The company shall not provide loans to directors, supervisors and senior managers directly or through subsidiaries. If the legal representative is not a director, supervisor or senior manager of the company, he can borrow money from the company; Secondly, if the legal representative is a shareholder of the company, it is necessary to judge whether the act of borrowing from the company constitutes a withdrawal of capital contribution. If the legal representative withdraws his capital contribution in full in order to circumvent the provisions of laws and regulations, it should be treated as an withdrawal of capital contribution and will bear corresponding civil liabilities. If there is a real loan relationship between the legal representative and the company, it should be protected by law.

Legal Basis

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases

Article 1 The people's court shall support the private lending contracts concluded between legal persons, unincorporated organizations and between them for production and business needs, except for the circumstances stipulated in Articles 146, 153 and 154 of the Civil Code and Article 13 of these Provisions.