Can LLC legally lend money to a friend?
"One thing I would add to TTT's answer: One of the benefits of using an LLC for your business is right there in the name - ""limited liability"". It provides a level of protection for your personal assets should your business go bankrupt, get sued, and so forth. However, if someone can show that there's no real separation between your LLC's activities and your personal activities, then they can ""pierce the corporate veil"" and go after your personal assets. If this loan is really purely personal and not related to your business activities, you may create a paper trail that can later be used in this way. My advice would be to just avoid the whole thing and make the loan from personal funds. I don't see any upside to doing this out of the LLC funds." Legally, I can't find any reason that the LLC could not lend money to an individual. However, I believe the simplest course of action is to first distribute money from your company to your personal account, and then make it a personal loan. Whether the loan is done through the business or personally, financially I don't think there is much difference as to which bucket the interest income goes into, since your business and personal income will all get lumped together anyway with a single person LLC. Even if your friend defaults on the loan, either the business or you personally will have the same burden of proof to meet that the loan was not a gift to begin with, and if that burden is met, the deduction can be taken from either side. If a debt goes bad the debtor may be required to report the debt as income. I can't say if there is anything specific that makes lending illegal, but if your company goes bankrupt, you might end up in trouble.  First, it's a loan. It must be repaid. It must be in the books as a loan, and if your company couldn't pay its bills, you would have to ask for the money back. If the company goes bankrupt, your creditors will ask for the loan to be repaid.  Now if things are worse, your company goes bankrupt, and the person cannot pay back the money, then you could get into real trouble. Creditors won't like that situation at all. They will claim that you moved that money aside to protect it from creditors. They might be able to force you personally to pay, or even start criminal charges against you if you can't pay either.  In the UK (and probably elsewhere) it's criminal for the company to pay dividends if that means it cannot fulfil its financial obligations. If there is no money left because of that loan, then you can't get dividend payments from your company.  So as long as your company's finances are fine, and that person's finances are fine, you will be Ok (except I don't know if you would need a license), but if there are financial problems then being an LLC might not protect you. "The answer to your question is...it depends.  Depending on the state you, your friend, and the LLC are located in, it can be very easy to run afoul of state banking laws, or to somehow violate some other statute pertaining to the legal activities an LLC may undertake by doing something like a loan. It is not unusual (or illegal) for officers or employees of a business entity to be loaned money by the company they work for, so something of this nature wouldn't be an issue with regulatory agencies.  Having your LLC loan money to a friend who isn't an employee or officer of your LLC just might not be kosher though. The best advice I can give is that you should call the state banking commission or similar agency in your state and ask them whether what you want to do is alright.  The LAST thing you want is to end up with auditors or regulators sniffing around your business, even if you haven't done anything wrong, and you certainly don't want to run the risk of accidentally ""piercing the corporate veil"", as someone else here astutely pointed out. Good luck!" Tax accountant here.  The money is yours and you can do what ever you want with it. Just make sure to put it on the books as Loan Receivable and have an Interest Income account.
"Yes, it is possible.  Although there may be red tape for a business account, Alliant Credit Union offers completely online signup and their representatives are reachable by email. You'll probably need to send in the LLC articles this way http://www.alliantcu.com/checking-accounts.html (as pointed out by @littleadv this site defaults to ""personal checking"" accounts, there is a business checking tab which doesn't generate a direct link, some might miss that) And even if there are a ton of regulations that some pencil pushers at larger banks anecdotally cite (without citing), there will be enough banks that don't care. Good Luck" Can he use an existing credit card in his name for all his business expenses, or does that pierce the corporate veil? That would be a question to a lawyer, since there's no definitive answer but rather circumstantial. Generally it is safer to separate the finances completely than to try and guess what the court would rule if it comes to that. It is not hard to get a separate card for a LLC (especially if it is a sole proprietorship). We are going to buy a house soon, so I don't want any extra inquiries. I guess it depends on the bank and the type of card. My Citi business card doesn't show up on my personal credit report. Echoing the others, never lend money to a friend or family member, just give it to them.   If you must have a contract in place then consider it a pay it forward type contract where the friend simply gives the same amount to someone in need at a future date.   The value of the friendship can never be measured, but it surely will be diminished by the amount of the loan between the two of you. "Legally ok? Sure. Friends frequently discuss financial matters, and share advice. This is quite far from taking money from them and managing it, where at some point you need to be licensed for such things. If you're concerned about giving bad advice, just stay generic. The best advice has no risk. If I offer a friend a stock tip, of course there's the chance the stock goes south, but when I tell a friend who asks about the difference between Mutual Funds and ETFs, and we discuss the expenses each might have, I'm still leaving the decision as to which ETF to him. When I offer the 'fortune cookie' soundbites like ""If you are going to make a large purchase, delay it a week for each $100 of value. e.g. if you really want a $1000 TV, sleep on it for a few months"" no one can mis-apply this.  I like those two sites you mentioned, but the one-on-one is good for the friend and for you. You can always learn more, and teaching helps you hone your skills." "Is there any way through this? Yes, but you're not going to like it. If your friend has guaranteed the loans, then it's your friend's obligation to pay them when the brother-in-law is not cooperating. That's what it means to guarantee a loan.  (Obligatory: ""Before lending your friends or family money, ask yourself which you need more."")" For cross-border transactions like this you should really take advice from an accountant or lawyer who specialises in them, because there may be tax treaties between the two that complicate the situation. However, in general borrowing money doesn't have tax implications in itself, and there's no limit as such. You do need to consider the following points: If this is zero or less than you could plausibly get commercially, your friend is effectively giving you the difference between the interest rates. If your friend in Korea has a connection to the US she or he may be subject to the gift tax. In practice this only matters if the total amount of gifts they give to anyone over their lifetime plus the size of their estate over their lifetime is large. Non US-persons are exempt though if the amounts are large enough they may need to be reported. Financial institutions are generally required to report large international transactions (typical thresholds are around $10,000) for scrutiny by the government, in case the transaction is related to something illegal. This shouldn't be a problem in itself but you should be aware it'll happen. It shouldn't make any difference how you transfer the money, but it would be wise to get as much documentation as possible in case of later questions. The best place to get further advice would be the US bank you'll be transferring the money into initially. This is really a question for a lawyer given the cross-border nature of the transaction, but you and your friend should sign a contract specifying how and when the loan will be repaid. Your friend should also consider setting up the loan as a mortgage and taking a charge on your home. Even if your friend trusts you, a charge on the home will protect him or her in the event of you having financial problems and another creditor laying claim to the home. "My personal rule is to not loan money (or co-sign) for any amount that I am not willing to give away.  It can go wrong in so many ways, and having a family or friend involved means making a ""business"" decision is difficult. If a bank won't loan the person the money, why should I?  Being a co-signer is the same as borrowing the money in my name and giving it right over to the borrower. There might be great reasons to do it.  I would probably sign a loan to keep my family alive or healthy, but no other reason.  There are many ways to help without signing a loan.  Give a room and a place to live, loan a car. The other thing is if you really truly believe in the borrower, it won't do long term damage to your credit or your financial goals, and you are the only resort; go ahead.  I am thinking about helping a teenager afford their first car or student loans." You may want to start a company for a few reasons, the main one would be liability, you don't want your friend to drop a weight on a foot and sue you for millions taking your house away. You'd need to pay taxes on the income, that's after you pay all your expenses, bills, mortgage interest, insurance premiums (!), equipment depreciation. So it's going to be a lot less than you collect from your friends. Whether you incorporate or not you have to pay taxes on your income. If it's $200/year IRS may not notice that, if it's $20K a month it would be very hard to hide. If you pay your friends more than some amount (check the laws) you'd need to tell IRS about it (issue 1099-misc), then your friends must pay taxes on that income. "If it were a friend of mine, I'd do it without having any real qualms about it.  If it were simply ""someone I knew"", probably not.  Of course, if I trust them them enough to do that, I'd probably just give them the cash and let them pay me back in a day or two.   (I'm imagining a scenario where I'm out with a few friends, for example bar hopping or at an event where most vendors require cash and we're talking an amount less than say $50. Any more than that, and I almost certainly would not agree)." "Personally, I avoid making business deals with friends and relatives. There's just too much of a possibility that things can go wrong.  Let's assume that you're honest people and you have no intention of cheating your mother-in-law. Still, all sorts of things could happen that could make it difficult for you to repay the loan. You could lose your job. You could get some big medical expense. Etc. Then what happens? Then your financial problems become family problems. There's a strong temptation when people borrow from relatives to make paying the loan the lowest priority in their budget. ""I know I promised to pay \$X per month, but things are really tight right now and Mom should understand."" Maybe she does understand and can manage without it. But maybe not. And then it becomes a family fight. ""You promised you'd pay it back."" ""And we will, we're having a hard time right now. Can't you just give us a break?"" Etc. Or she might have some extra expense, and say, ""Hey, can't you pay a little more this month? I really need some extra cash."" ""I'm sorry, we're struggling just to make the regular payments, we can't."" ""Well I was willing to loan you all this money. The least you could do is pay me back when I need it."" Etc. You can end up ruining family relationships over money. Your wife can find herself in the position of having to choose whether to side with her mother or her husband. Etc. I'm sure plenty of people do things like this and it works out just great. But there are big risks. And by the way, apparently this was your idea, not your mother-in-laws. I wonder what her reaction is. Is she eager to help out her daughter and son-in-law and had nothing in particular to do with the money anyway? Or is she feeling very imposed on? It's one thing to ask relatives to let you borrow their car for the weekend. Asking someone to loan you $50,000 is a very big request. If one of my kids asked me to loan them $50,000 from my retirement fund, I'd consider that a very presumptuous request. (Unless they needed the money for life-saving surgery for my grandchild or some such.)" In order for you to be able to talk to the FTB on someone's behalf, that someone has to submit form 3520. Note that since you're not a professional, this form must be paper-filed (CRTP, EA, CPA or attorneys can have this filed on-line). Once the form is accepted by the FTB, you can contact the FTB on behalf of your friend. Pay attention: you're going to represent the partnership, not the individual. Someone I know had an idea to open a savings account as an LLC or corporation to receive better interest rates on savings, and set up a system where anyone can pool money in and receive a larger cut through savings interest than with a personal account. Is this legal/feasible in any way? "I'm sorry you are going through this, but what you are dealing with is exactly is how cosigning works.  It is among other reasons why you should never cosign a loan for someone unless you are 100% prepared to pay the loan on their behalf. Unfortunately, the main ""benefit"" to cosigning a loan is to the bank - they don't care who makes payments, only that someone does. It is not in their interest to educate purchasers who can easily get themselves into the situation you are in. What your options are depends a fair bit on the type of loan it is. The biggest problem is that normally as cosigner you cannot force your friend to do anything. If it is for a car, your best bet is to convince them to sell the car and hopefully recoup more than the cost of the loan. Many workplaces have some sort of free service to provide counseling/guidance on this sort of thing. Look into your employee benefits as you may have some free services there. You can sue your friend in small claims court, but keep in mind: It also depends on how big the loan is relative to your income. While it might feel good to sue your friend in small claims court, if it's for $500 it probably isn't worthwhile - but if your friend just stopped paying off their $30k vehicle assuming you will pay for it, even though they can pay for it themselves?" "A bank is a technology that allows society to consume now at the expense of later.  Think about it this way: to consume later at the expense of now, all you have to do is save your stuff. If you want to eat pizza in a year, you can buy a bunch of pizza now, freeze it, then eat it a year later.  Or you can hide money under your mattress now, and buy pizza a year later from now.  But what if you want to eat pizza now, but you don't have the money to buy it? Well, you're stuck. There's no time travel: you can't go into the future and get resources from your future self to buy the pizza now with!  Well, you could go to your wealthy friend who has a lot of pizza, and say, hey, if you give me pizza/money now, I will pay you back with more later! Except then your ability to get pizza/money depends on the whims of some really wealthy people who may not like you. And what if your wealthy friend really wants to keep all of his pizza? There is nothing you can do to get it now.  A bank is an entity that can provide the resources/purchasing power for you to get your pizza now *without anyone in the economy eating less now as a result*.   It does this via what is known as ""Fractional Reserve Banking,"" which is pretty simple. I borrow $100 from person A, keep $10 in reserve, then lend the remaining $90 to person B, who deposits it back into his bank. I keep $9 of person B's deposit in reserve, then lend $89 to person C, who deposits it in the bank, and so on and so forth. The total amount of purchasing power I can create is $1000 out of the initial $100 I borrowed from person A. As long as all my depositors don't all try to get their money out at once, society can essentially ""cheat time"" by pretending there is $1000 in existence when in reality there is only $100. Thus I have increased the purchasing power of the economy now at the expense of later (when the loans have to be repaid), and no one has to stop consuming now for me to do it!  Note that this is not the typical academic answer. Neoclassical economists will say that banks are ""mere intermediaries"" between savers and borrowers.   They are wrong. Banks provide the ability to consume now at the expense of later *even if no one in society is saving now*. That means when there is lots of lending going on, that we have an economic boom. But when there is little to no lending going on, and people are paying back their debts, we don't have as much (if any) growth." The Bobs tend to show up at the top of bubbles, then disappear soon after. For example, your next door neighbor who talks about Oracle in 1999, even though he doesn't know what Oracle does for a living. I don't think the Bobs' assets represent a large chunk of the market's value.  A better analogy would be a spectrum of characters, each with different time horizons. Everyone from the high-frequency trader to the investor who buys and holds until death.