How to Keep Family and Friends Loans Strictly Business.

 

 When borrowing from friends and relatives, make sure both parties are protected by putting the loan agreement in writing. 

 

You may have skirted the bank by getting a loan from family or friends, but you should still treat the situation as strictly business. Putting the agreement in writing not only protects both parties but also your relationship. After all, borrowing money is not the same as borrowing the car. 

First, you must state how much money you need, what you'll use it for and how you'll pay it back. Next, draw up the legal papers--an agreement stating that the person will indeed put money into the business.

Too frequently, business owners fail to take the time to figure out exactly what kind of paperwork should be completed when they borrow from family or friends. "Often small-business owners put more thought into figuring out what type of car to buy than how to structure this type of lending arrangement," says Steven I. Levey of accounting firm GHP Financial Group. Unfortunately, once you've made an error in this area, it's difficult to correct it.

Your loan agreement needs to specify whether the loan is secured (that is, the lender holds title to part of your property) or unsecured, what the payments will be, when they're due and what the interest is. If the money is in the form of an investment, you have to establish whether the business is a partnership or corporation, and what role, if any, the investor will play. To be sure you and your family and friends have a clear idea of what financial obligations are being created, you have a mutual responsibility to make sure everyone is informed about the process and decide together how best to proceed.

Most important, says McKeever, "Outline the legal responsibilities of both parties and when and how the money should be paid back." If your loan agreement is complex, it's a good idea to consult your accountant about the best ways to structure the loan..

Whichever route you take, make sure the agreement is in writing if you expect it to be binding. "Any time you take money into a business, the law is very explicit: You must have all agreements written down and documented," says McKeever. If you don't, emotional and legal difficulties could result that end up in court. And if the loan isn't documented, you may find yourself with no legal recourse.

Making your relative a shareholder doesn't mean you'll have to put up with Mom or Pop in the business. Depending on your company's organizational structure, your friend or relative can be a silent partner if your company is set up as a partnership, or a silent shareholder if you are organized as an S corporation or limited liability company.

Even with every detail documented, your responsibilities are far from over. Don't make assumptions or take people for granted just because they are friends or family members. Communication is key.
If your relative or friend is not actively involved in the business, make sure you contact him or her once every month or two to explain how the business is going. "When people invest in small businesses, it often becomes sort of their pet project," says McKeever. "It's important to take the time to keep them informed."

And, of course, there are the payments. Though friends or relatives who invest in your business understand the risks, you must never take the loan for granted. "Don't be cavalier about paying the money back," McKeever says. "That kind of attitude could ruin the relationship."

Credit to Entrepreneur.