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Friends & Family Loans

 
From The Lender's Prospective: (the one providing the loan funds)

There is a time in all of our lives that we are approached by someone close to us (a friend, associate or family member) for a loan to either start or re-capitalize their business.

If we were approached by a stranger off the street, the decision would be easy but when approached by someone close to us - there are other issues (outside the financial decision) that tend to cloud our judgment. When it comes to money, you have to put those aside.

To protect yourself, think about the following.

How To Approve The Loan - Lender's Prospective -

If you are not financially able or are right there on the edge - you have to say no or you will only bring yourself down. The requestor should understand!

Know that the risks are heightened in these situations. If there are losses, you can't just write those losses off or replace them from depositors or investors - like banks do.

Try to understand the reasoning behind the request. Some people have already proven, over and over again, that they cannot handle money - might be why they are approaching you in the first place.

Or, does the potential borrower just need a new infusion of capital to get their business off the ground and that they have the ability to actually execute the plan and follow through with it. They might have been turned down by other lenders solely due to those lenders' extremely high standards.

The bottom line here is to judge them and their reasoning for their request. Are they a good risk or is there something else telling you to go against your gut feelings?

Act like a lender, maybe not to their high loan policy standards, but in evaluating the overall potential of you getting paid back. This could mean looking at credit, tax returns, business plans and background checks as well as valuing and placing a lien on any collateral.

Like any lender, you want to ensure 1) That they have a willingness to repay you and not just take your money and run (being the good person they know you to be) and 2) the ability to repay the loan - hard to give money to someone whom you know from the very beginning cannot repay the loan.

Also, try to determine if they have self-funded the project or business as much as they can. Not a good idea to give money to someone who is not willing to put their own money in the game - especially if they understand the risks better then anyone else.

Remember, if they are coming to you, it probably means that they have been turned down before. Thus, if you choose not to make the loan, they should understand. But, if you chose to move forward - find a way to structure the deal in a way that protects not only you - but them as well.

How To Structure The Loan - Lender's Prospective -

Get everything in writing. Many times, when these loan deals go bad, it comes down to a perception of what was said or what was understood. Then add in bad feelings and those memories of what actually happened in the beginning tend to get very clouded.

By putting it in writing, including what happens if/when a payment is late or if the borrower defaults or even how those funds should be used, you end up protecting both parties. And, should there be a cause to seek recourse - the process should be easy and quick, potentially saving any relationship.

Moreover, by having this contract and its terms in writing, you demonstrate beyond a doubt that you expect to be repaid with interest.

See this template for creating your own promissory note

IRS's Applicable Federal Rates

Know the IRS's rules on charging interest: If you don't charge interest, the IRS can still tax you on what they figure you should have earned in interest. The IRS has many rules regarding making personal loans - in particular, what rates you should charge - find out more from the IRS's Applicable Federal Rates.

"Each month, the IRS provides various prescribed rates for federal income tax purposes. These rates, known as Applicable Federal Rates (or AFRs), are regularly published as revenue rulings."

Further, you should be compensated - not just for the risk that you are taking but to offset the costs of taking those funds away from other investment opportunities that could be earning you a solid return on that cash.

Use this online payment calculator to determine your payment based on the amount, interest rate and term of the loan.
 
What To Expect After Approval - Lender's Prospective -

Know that most borrowers will not treat you like they would a lender and many don't expect you to act like one. However, you do have a right to get periodic updates about the project or business being funded

Remember, in the beginning, before any money changes hands, you have all the power. But, after the loan is funded, the power shifts to the borrower. Thus, to retain some of that power and ensure that the loan process and servings goes as you want - put it in writing - including what happens after the loan is funded.

So, it is OK to ask for updates - just don't meddle too much as that could put the repayment of the loan at risk, as well as your relationship - something neither party wants.

Bottom line: Most guru's will tell you not to lend money to your friends and family but year after year, we continue to do it. Just make sure that you protect yourself and are making the loan decision for the right reasons.

 
From The Borrower's Prospective: (the one receiving the loan funds)

Approaching a friend or family member for a business loan should be a harrowing ordeal as you should not be willing to put that relationship so easily in jeopardy. However, if it is not harrowing to you - don't do it; save the relationship from what is certainly going to happen down the road.

When asking for a business loan from a close relationship, be sure to treat them and the process with respect. Not only will this help you preserve the relationship but will go a long way in ensuring that this person gives your request the deliberation that it deserves.

How To Get Your Loan Approved - Borrower's Prospective -

Just like approaching any other lender, come prepared.

You should make a formal presentation that includes sales forecasts, financials, risks, mitigates, use of funds and the reason why you are asking them for a loan.

Provide them with a well thought out and researched, formal business plan. This gives them something to turn to as they make their decision or when discussing the request with their spouse or other interested parties.

Treat them as a professional. This will put them in a better mood and demonstrate that you are serious about your project or business endeavor.

Be honest. The easiest way to get declined is to put yourself in a position where your potential lenders finds out that you were not honest about something.

This includes outlining all the negatives and well as the positive of your deal. Now, in this situation, your goal is to sell this potential lender on your deal - but, most people get a bad feeling in the pit of their stomach when something is presented to them that just seems "too good to be true."

Outline the negatives and show that you have done your homework and have thought through all possibilities and have pre-determined processes in place to overcome any negatives should they present themselves.

Let them know how much you have self-funded this project - demonstrating that you have "skin in the game" and are not just taking a shot in the dark with their money.

When asking a friend or family member for a loan, ask for the minimum that you need. Most people cannot afford to just throw away their hard earned money. Approach this from their prospective as well as yours.

How To Structure The Loan - Borrower's Prospective -

Your potential lender should be compensated for the risk in funding your deal as well as for what they are losing by pulling those funds out of other investments that are earning them a solid return.

Further, the IRS requires the lender (even in a personal family or friend loan) to charge interest. Should the IRS find out that this person did not charge a reasonable interest rate, the IRS could tax them for what it thinks that person should have earned on the loan.

Remember, the IRS wants its money and has written all the rules to give it the power to collect - whatever way it deems best.

Create a win-win situation by formally structuring the deal and getting it in writing.

Putting your deal in writing is not something that just protects the lender, but could also protect you and your business down the road. Think about if the deal goes bad and the lenders tries to come after your personal assets or future income stating that was what he had in mind when discussing the deal. Or, that things with your business or project go very, very well and the lender starts to ask for more of the upside.

If it is in writing, it is what has to be followed.

Negotiate the terms of the deal in a way that does not benefit you more then your potential lender. Know that in most cases, this may be your last option - so structure the terms (like length of the loan, minimum payments, what happens should you be late on a payment or miss a payment) in a way that shows the lender that you are looking out for them as well as yourself.

Use this online payment calculator to determine your payment based on the amount, interest rate and term of the loan.
 
See this template for creating your own promissory note


What To Expect After Approval - Borrower's Prospective -

Know that most friends and family you approach for money are not professional lenders or investors and that they may very easily have buyer's remorse after making the loan. Thus, be sure to keep them in the loop on all developments - both good and bad.

Most average people will want to know how you are doing with their money.

Also, should you hit a few obstacles and might not be able to meet a loan payment, make sure your lender is the first to know as well as have some type of work-out plan - either based on what you had drawn up in writing or something that you have come up with that benefits both of you.

Also, know that some friends and family members will try to meddle in all your decisions - its human nature. They might even feel as though they have a right. But, if you put everything in writing, you can politely direct them to that document or just simply head it off once and for all the first time they step over that line.

Plus, if it is in writing and you are complying with that document, then they have no recourse against you - they cannot take their money back. The power shifts to you and you should use it only when you have too.

 

If Your Loan Request Is Declined:

If your Friend or Family member declines your request, do not take it personally. There are probably many reasons that someone would or has to say no - even reasons that they might not be willing to tell you.

But, you can also use this opportunity to tap their network. If they decline to make you a loan or invest in your idea, ask them if they know of others in their network that might be willing to entertain your deal. You just never know who someone might have a relationship or acquaintance with.

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Seeking Outside Help:

If you can, both parties should always consult with their CPA and attorney before entering into any financial decision. While blood may be thicker than water, money is the thickest of all.

There are also many online or brick and mortar companies that make it their business to help facilitate friends and family loans. These services can:

Help you create the documents needed to properly execute a loan - including placing any liens on real property.

Monitor the deal to ensure that both parties are in compliance.

Collect and distribute payments (especially helpful should there be more than two parties involved). Loan payment can be collected and principal and interest distributed via direct deposit or ACH means.

Report the payment history to the major credit bureaus - helping borrowers improve their credit history.

Or, allow you to set this up and manage it all online by yourself.

While there is a cost for these services, it could save you much more in the long-run in both hassle and time.

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