QUESTION

Is it legal for a business owner to a business Line of Credit for a personal investment?

Asked on Sep 01st, 2018 on Business Law - Pennsylvania
More details to this question:
This business has a line of credit and the owner recently pulled $1.5 million for a personal investment. Are they legally allowed to do this?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
That depends.  What are the terms of the lc?  Does the business owe money to other creditors and if so what are the terms of the contracts with those creditors?  Are there other owners of the business and if so what are the terms of the agreements between the owners?  The bottom line is that if the terms of the lc allow drawing on it for personal reasons, it doesn't violate any of the agreements with other creditors and doesn't prevent any of them beins paid, and it doesn't violate any agreements with any other owners, I see no reason why it wouldn't be legal, but it may still be problematic because the commingling of personal and business finances may allow a creditor of the business to "pierce the corporate veil" (assuming that the business is a corporation or other separate legal entity)  and hold the owner personally responsible for debts of the business.
Answered on Sep 04th, 2018 at 9:06 AM

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