Company loans do not require the signature of shareholders. When an enterprise user applies for an enterprise loan, it generally needs the signature of a legal person. A company can have one or more shareholders, so the signatures of shareholders do not meet the loan conditions of banks. The sole legal person of an enterprise can only be borne by one person from the perspective of jurisprudence or practice. Of course, when applying for an enterprise loan, it is not necessary for a legal person to be present in person, and the legal person can authorize others to sign on his behalf.
Legal basis:
Provisions on several issues concerning the application of law in the trial of private lending cases
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to financial institutions and their branches established with the approval of the financial supervision department and engaged in loan business, which are triggered by the issuance of loans and other related financial businesses.
Article 2 When a lender brings a private lending lawsuit to the people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination, and rejected it.
Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people will not support it. The interest agreement between natural persons is not clear, and if the lender advocates paying interest, the people will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people shall determine the interest according to the contents of the private loan contract and the local or the parties' trading methods, trading habits, market quotation and other factors.
Article 25 If the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people shall support it, except that the interest rate agreed by both parties exceeds four times the listed interest rate in the one-year loan market at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.
Does the company need the signature of the legal representative to borrow money?
1. Company loans are made in the name of the company, and the company's official seal or special seal for the contract must be affixed. The legal representative may not sign.
2. In order to avoid problems with the seal, if it is impossible to prove who made the loan, in addition to the seal, the legal representative should sign to verify his identity and authorization.
Extended data
The legal representative can also be called the authorized representative of the legal person. This representative can be a or b, and he is not fixed, depending on the authorization of the person. This authorization can be one thing at a time or a series of things.
The legal representative must be the person in charge of the legal person organization and be able to exercise his functions and powers on behalf of the legal person. "General Principles of Civil Law" stipulates: "According to the law or the articles of association of a legal person, the person in charge who exercises functions and powers on behalf of a legal person is the legal representative of the legal person."
The legal representative can be a director or manager, or a chairman or director-general, depending on how the law or the articles of association stipulate. The legal representative represents the interests of the enterprise as a legal person and exercises the rights of the legal person according to the will of the legal person. The legal representative is responsible for organizing and leading the production and business activities within the enterprise; Represent enterprises abroad and handle all civil activities with full authority.