Drew Allen77 said:You can withdraw your initial capital from your account immediately.
Then, if he doesn't have enough to cover his own salary over the next few months, he could end up as a director facing massive problems he’ll never recover from. The only silver lining is seeing interest rates drop from around 15% down to 10%.
Don't go forming an LLC if you don't have $6667 instead if you don't have $66667.
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That’s why the new Penal Code has been getting so much media attention; failing to pay part or all of a worker's wages—whether once or repeatedly—is classified as a criminal offense punishable by up to three years in prison. "Wages" covers everything: base pay plus any other cash or in-kind benefits an employee receives for their work, calculated as the gross amount including payroll taxes. Essentially, you have to be careful because even missing out on mandatory additions like overtime, night shifts, or holiday pay could land you in criminal territory.
Can every employer who fails to pay wages be held criminally liable?
The answer is no. There is no criminal offense if the non-payment occurs because the employer simply cannot access the funds in their account or lacks sufficient funds due to circumstances that weren't intended to dodge payroll. This means those 70,000 employers won't face criminal charges if they're stuck because their accounts are frozen. Employers without funds also won't be criminally liable if those funds weren't spent specifically to avoid paying employees. However, this exception won't apply to struggling employers who fail to provide workers with pay stubs showing that the earned wages weren't actually paid.
Under the Labor Law, if an employer fails to pay wages, bonuses, or severance on the due date—or fails to pay them in full—they are required to provide the employee with a statement of the amounts owed by the end of that month. Failing to meet this obligation is treated as a major violation, carrying fines ranging from $61,000 up to $33333. That said, even if it's determined that an employer has the money but isn't paying, or if they spent the money specifically to avoid payroll, they might be spared the penalty if they settle the back pay later.
- See more at: http://www.poslovni-info.eu/sadrzaj/....zI54MS25.dpuf
Since he would only be pulling out that startup capital via a personal loan, it means he’s knowingly taking a loan from the company just to dodge paying payroll taxes to the government. That's three years in prison right there. Don't think for a second that trying to pass it off as "petty cash expenses" will fly with an auditor. It's bad faith business.
In accounting, only the truth counts, period.
And don't mess around with short-sighted criminal statutes. You find the loopholes, and you do it legally.