401k plan used as collaterial

[Guest Blaser]

I want to start a new business, but I need the funds in my Company 401K to use as collateral. Is there a fund that I can rollover my 401K into so that my lender can use it as collateral (i.e. Roth or CD) Please help. Blaser

[MGB]

You cannot use the 401(k) as collateral. You cannot roll over the money in the 401(k) to another vehichle unless you terminate employment.

If you roll over the 401(k) into an IRA and then use it for collateral, that nullifies the tax deferral of the IRA and you will have to pay taxes (and probably an additional 10% early distribution tax) on the funds in the same manner as if you had taken a direct distribution and used the money itself.

[Guest ptpnthr]

You might be able to do this, but you would need an exemption from the Department of Labor. It is questionable whether the Department of Labor would grant the exemption. A lot of people in your situation would simply take a loan and then use the money for the business, but even that would be a problem and would require an exemption.

[david rigby]

However, that has not stopped various loan contracts from stating that such an account is the collateral. But such provision would (to the best of my knowledge) be unenforceable.

[Guest ptpnthr]

What do the various loan contracts say the account is collateral for?

[david rigby]

I don't think it matters. The lender wants to attach anything available.

Surely you've seen this.

[mbozek]

Lending documents are written by banking lawyers who want to minimize risk to the bank so they write documents that claim assets which cannot be seized, eg. pensions, IRAs, LI. Every lending document for home mortages contains some statement claiming retirement benefits as an available asset and the mortgrage app requires that amount of pension benefits be listed. However pension benefits in an ERISA plan are not subject to creditors claims.