Am I violating SEC rules if I get a loan from a friend for a deal

Am I violating SEC rules if I get a loan from a friend for a deal

Rental Property Investor · Member since 2020 · 36 posts · 18 votes

Hi - I invest in small (2-4) multi-families through a LLC. For an in contract deal (~500k),  I want to sign a promissory note with a friend for around $100K to pay part of the initial investment. (Payback details still TBD). He will be fully passive. 

Am I selling a security in this case if it's a loan from a friend? or asked differently, can this put me in trouble with the law?

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  • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
    6y

    A loan is a loan is a loan unless it is not a loan.  As long as payment of interest and principal are not dependent on the success or failure of your business venture you are fine.  

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