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Any member of an LLC can borrow money from it. However, if the LLC has other members, they must approve the loan and report their authorization in the LLC's minutes. An advance of funds to a member can only be considered a loan if the LLC creates a legally enforceable promissory note for the repayment of the loan.
A corporate resolution that authorizes borrowing on a line of credit is often referred to a borrowing resolution. This resolution indicates that the members (LLC) or Board of Directors (Corporation) have held a meeting and conducted a vote allowing the company to borrow a specific loan amount.
Making a Loan to your Business If you want to loan money to your business, you should have your attorney draw up paperwork to define the terms of the loan, including repayment and consequences for non-repayment of the loan. For tax purposes, a loan from you to your business must be an "arms-length" transaction.
A banking resolution is a necessary business document for corporations, both for-profit and nonprofit. While resolutions for LLCs are not legally required, they may still be needed in order to document the company decisions.
Most LLC Resolutions include the following sections:Date, time, and place of the meeting.Owners or members present.The nature of business or resolution to discuss, including members added or removed, loans made, new contracts written, or changes in business scope or method.More items...
The articles of organization is an operating agreement stating the procedure for voting on an LLC's resolutions. Usually, a majority vote is required for passing a resolution. However, it is permissible to have other voting percentages.
Generally, an LLC can borrow money from any individual; however, there can be ancillary restrictions and concerns if the lender is also a member of the company. Some LLC members, particularly if the company is in a start-up phase, lend money to the business to allow it to keep operating.
Borrowing Money From Your BusinessIf the LLC is being treated as a pass-through entity, there is no need to borrow money from the company. With this business structure, cash can be taken out as a draw, which you will pay or will have already paid income taxes on.
A granted authority that will put a firm into debt that is passed by a resolution of stock holders.