Using personal assets or credit to fund a new business is common, but it carries significant risks that you must understand and mitigate.
Personal Guarantee
Nearly all startup loans, including SBA loans, require a personal guarantee. This is a legal promise to repay the debt personally if the business fails. This means the lender can pursue your personal assets—like your home, car, or savings—to satisfy the debt. This bypasses the liability protection offered by structures like an LLC or corporation for this specific debt.
Impact on Personal Credit
If you use a personal loan, the debt and payment history will be reported on your personal credit file. If the business struggles and you miss payments, your personal credit score will be damaged, making it harder to get personal credit (like a mortgage or auto loan) in the future. High balances on business credit cards can also increase your personal credit utilization ratio, potentially lowering your score.
Loss of Consumer Protections
Many federal consumer protection laws, like the Fair Debt Collection Practices Act (FDCPA), do not apply to business debts. According to the Consumer Financial Protection Bureau (CFPB), loans made for business purposes are generally excluded from regulations like the Truth in Lending Act. This can mean fewer protections regarding fee disclosures and collection practices.
To mitigate these risks:
1. Separate Finances: Open a dedicated business bank account and get a business credit card from day one. Do not commingle personal and business funds.
2. Form an LLC: While a personal guarantee overrides its liability shield for the loan, an LLC protects your personal assets from other business debts and lawsuits.
3. Build Business Credit: As soon as you can, start building a separate business credit profile to reduce reliance on your personal credit for future funding.