I've been spinning my wheels on this one, so I am reaching out to my colleagues for guidance.
Bank wishes to lend Company funds secured by Company's equipment, accounts receivable, inventory, etc.
Company is owned 85% by the Company's retirement plan ("Plan") and 15% equally by two individuals: Owner A and Owner B
Three individuals used their balances in the Plan as an equity infusion into Company. One of these individuals is Company's President and Secretary/Treasurer and a Board member; and another is Company's retirement plan trustee (for the 85% Plan shareholder)
While the rollover assets of the Plan can't be pledged as collateral, nor can the Plan guarantee the Bank loan; can any other assets owned by Company be used to secure the loan from the bank, or does it result in a prohibited transaction. If so, where in the Code, Regs, case law would I find that. I have searched everywhere.