Friday, 9 May 2014

is using funds from one LLC for another LLC even if the owners are the same, misappropriation of funds, if the other owners did not give con...

Question

is using funds from one LLC for another LLC even if the owners are the same, misappropriation of funds, if the other owners did not give consent?



Answer

Unless legally and properly documented as loans, approved by both company's boards and shareholders, someone could end up in prison.



Answer

Yes, I think it is; just because both companies have the same owners doesn't mean the two companies have the same creditors! If I were doing business with ABC, LLC in reliance upon its good credit rating and history of prompt payment, then suddenly all of its liquidity was transferred over to XYZ, LLC, with the same owners, I'd holler fraud! at the top of my lungs.



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