Skip to content
BOL Conferences

Thread Options
#1899441 - 02/24/14 08:03 PM Transferring Funds
Daylily Offline
New Poster
Joined: Apr 2009
Posts: 13
Georgia
We have some customers who have two business accounts with the same name but one is Inc and one is LLC - different EIN's same signers. They are transferring funds between the two. Is this ok?

Return to Top
Operations Compliance
#1899451 - 02/24/14 08:29 PM Re: Transferring Funds Daylily
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 84,332
Galveston, TX
It is OK as long as you allow it to happen. I would want to know the purpose of the transfers however to unsure they made sense from a business purpose and did not generate a SAR filing. Maybe they buy and sell products and materials from each other??? Who knows without asking.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1899701 - 02/25/14 04:45 PM Re: Transferring Funds Daylily
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
As to the fact they have both a corporation (Inc.) and LLC, there's nothing at all problematic with that. Lots of corporations form LLCs for business ventures they wish to keep separate from their other operations.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#1900156 - 02/26/14 04:30 PM Re: Transferring Funds Daylily
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
If I have an LLC and a corporation I set them up to protect myself from personal liability. However, I also set them up to contain risks; i.e. if the corporation gets sued, they cannot touch the LLC's assets even after the corporation's assets are exhausted.

However, if I merge the two entities' activities; e.g. transfer funds back and forth or open a common bank account, a claimant will "pierce the corporate veil" and say that the entities are really a single enterprise and that one is liable for the actions of the other.

It may not make a lot of difference to your bank, but if they are just moving money back and forth to wherever it's needed it's a pretty dumb thing for a customer to do.
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top

Moderator:  Andy_Z, John Burnett