Legally speaking, it depends on the operation or evaluation of creditors in practice. First of all, legally, the mortgage should be the hotel property, not the hotel property; Equity pledge should be that hotel shareholders pledge their own equity or shares as hotel shareholders, and the pledge is the property of shareholders without any conflict. However, in practice, the value of equity depends on the value of the hotel. If the main assets of the hotel have been mortgaged, the value of the equity is relatively small. If the hotel's assets can also be reflected in trademarks, customers, brands and so on. , then the equity still has a certain value, so whether it can be used as a guarantee mainly depends on the degree of creditor's recognition of the equity value.
Does the hotel equity pledge need a legal person without a loan?
No need. Hotel equity pledge does not require legal persons to have no loans. According to the relevant provisions of the Company Law, the equity pledge of a limited company must meet the following conditions:
1. Pledge other shareholders of the same company as creditors with unlimited equity.
2. The pledge of shares to creditors other than shareholders of the same company must be agreed by more than half of other shareholders, and the consent must be made in writing, that is, in the form of resolutions of the shareholders' meeting.
I own 50% of the shares in the hotel loan. I have signed the IOU, and so has the legal person. Should I bear the responsibility if I don't pay? Am I a shareholder?
Shareholders are not legal persons, so they are not directly liable. It is a company-level loan, which is repaid by the company. Shareholders are one of the owners of the company and need to bear it together.
Can the company equity be mortgaged?
Company equity can apply for mortgage loan. Application process of equity mortgage loan: 1. The equity borrower applies to the lending institution and submits relevant materials; Two, the equity borrower and lender shall sign a written loan contract, and the equity pledger and lender shall sign a written equity pledge contract. The equity pledge contract can be concluded separately or incorporated into the loan contract as a guarantee clause; 3. Within the agreed time after the signing of the equity pledge contract, the equity parties shall, by virtue of the equity pledge contract, register the equity pledge with the equity pledge registration institution (the administrative department for industry and commerce registered by the equity issuing company), and hand over the equity to the equity pledge registration institution for safekeeping within the time limit agreed in the contract; Four, apply for the registration of equity pledge, submit materials to the administrative department for Industry and commerce; 1. Application for Registration of Establishment of Equity Pledge signed or sealed by the applicant; 2. A copy of the register of shareholders of a limited liability company that records the name of the pledgor and its capital contribution, or a copy of the shares of a joint stock limited company held by the pledgor (both must be stamped with the company seal); 3. Pledge contract; 4. Copies of the pledgor and pledgee's subject qualification certificates or the identity certificates of natural persons (if the pledgor and pledgee belong to natural persons, they shall be signed by themselves; if they belong to legal persons, they shall be stamped with the legal person's seal, the same below); 5. If other materials required by the State Administration for Industry and Commerce are handled by a designated representative or an entrusted agent, a certificate of the applicant's designated representative or entrusted agent shall also be submitted. V. The Lender handles the loan according to the loan contract and relevant certification documents of equity pledge; Note: The ownership of bonus shares and cash dividends generated during the equity pledge period is stipulated in the pledge contract. Before the debt expires, neither the pledgor nor the pledgee can handle bonus shares and cash dividends, but should entrust the equity pledge registration agency to keep them on their behalf, and the cash dividends will be paid by the equity pledge registration agency according to the bank deposit interest rate. This law is based on the Company Law.
What are the loan requirements for equity?
The conditions for applying for equity include the qualification of independent legal person; Conforming to the national industrial policy; The equity industry is registered and managed by the provincial securities registration center; Other conditions.
The stock right procedure is: apply for providing materials and sign a contract; Handle the registration of equity pledge, and the equity shall be kept by the equity pledge registration agency; Apply for a loan.
legal ground
Article 443rd of the Civil Code of People's Republic of China (PRC).
Where a fund share or equity is pledged, the pledge right shall be established at the time of pledge registration.
After the pledge, the fund share and equity shall not be transferred, except that the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the fund share and equity transfer.