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Does Business Offset Extend to Personal Account?

Can a bank take money from a personal account to pay off debts in a business account without asking permission?


We can't give you an answer concerning banking customs, regulations or laws in the UK, so the answer that follows is applicable to a situation in the United States.

If the business is a sole proprietorship, it would be owned by the individual. In such a case, if the individual had a business loan for the proprietorship, and it was in default, the bank could offset that debt owed the bank against the debt owed by the bank to the individual in his or her personal deposit account. However, if the business is a separate legal entity, and unless the individual has guaranteed the business' debt, offset would be unlawful.

Published on BankingQuestions.com 4/20/09