We will be lending funds from an invester source to other business's. I know we don't need a CCL & do not come under FSA but, as this will be large numbers just have a doubt in my mind that we may need one. Have searched the WWW no joy!
(No I am not looking to share the cash)
2007-01-02 04:21:57 · 7 answers · asked by G&T 1 in Business & Finance ➔ Corporations
It depends. Ultimately, you should contact your attorney for the answer. It depends primarily on which state you are in. Some states have exemptions for limited numbers of loans during a specified time period. Sometimes, it depends on whether you are "in the business of" making loans. For example, if Microsoft made a loan to five of its subsidiaries, it is unlikely that it would need a banking license. There are other licenses besides banking licenses (such as lending licenses). If you aren't taking deposits and holding them for others to withdraw on demand, you probably are not a bank but that does not mean that you do not need some type of licensing. You also may have securities laws issues if you are raising capital for your investor source.
This posting should not be construed as legal advice but merely a discussion of some of the issues which should be discussed with your attorney.
2007-01-02 06:16:04 · answer #1 · answered by BizAnswers 3 · 0⤊ 0⤋
Would need to know more about the nature of the 'investor source' to respond to the question.
If this is in the US, depending on how the funds are raised, you may need either a banking charter (if they could be construed to be retail 'deposits') or a mutual fund registration with the SEC if you are pooling funds and acting as either the distributor or issuer of something that could be construed as an investment security.
On one hand, there are a number of ways to act as an agent who matches investors with investment opportunities without being either a banker or a broker.
On the other hand, the rules for these things are quite specific and carry significant penalties for violation (ignorance is not a viable defense) so I would urge you to consult an attorney who is familiar with securities law.
2007-01-02 14:37:10 · answer #2 · answered by one_observation 3 · 0⤊ 0⤋
I would suggest that you call an accountant to obtain the best advice given the fiduciary nature and potential liabilities attached to this type of business.
2007-01-02 04:23:40 · answer #3 · answered by D N 6 · 0⤊ 0⤋
This might be something that you should consult your lawyer and accountant about...states and local governments differ and I'm not sure about federal regulations or just common liability sense.
2007-01-02 04:25:08 · answer #4 · answered by What, what, what?? 6 · 0⤊ 0⤋
yes and be careful! you need to contact the small buisness borough or the bbb
2007-01-02 04:24:17 · answer #5 · answered by Irie 123 3 · 0⤊ 0⤋
YES FEDERAL LAW
2007-01-02 04:23:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
...you need a spelling license......
2007-01-02 04:23:49 · answer #7 · answered by Anonymous · 0⤊ 1⤋