Setting Up An Investment LLC

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What is an Investment LLC?

An Investment LLC is a limited liability company that is established for the purpose of making investments. An LLC is a popular legal business entity because they are easy to create and provide the owner of the company with several benefits like liability protection and tax benefits.

Advantages of an LLC include:

  • Easy to create
  • Asset protection
  • Limited compliance laws (vary by state)
  • Pass-through taxation
  • Flexibility for the owner(s) to choose management structure

LLCs can be created for any business purpose, whether running a brick and mortar store, purchasing and selling real estate, or investing.

Investment LLCs have been growing in popularity due to their various benefits to investors. It is common to have two or more people interested in a joint venture for the purpose of investing.

An investment LLC will protect all partners involved in the company from liability. This allows multiple parties the opportunity to pool their money and profit not only from investments but from the various benefits offered by the limited liability company.

Read more about LLCs and their benefits by clicking here .

Should I Create an Investment LLC?

Investment LLCs are most common for families, groups of friends, or partners, who want to pool their money for investment purposes. It is also possible for an individual to create an investment LLC.

Some typical types of investments made under an LLC include:

  • Stocks, ETFs, and mutual funds
  • Bonds, CDs, and fixed-income instruments
  • Real estate
  • Ownership of businesses

The LLC will protect each party’s investment and personal assets and provide each party with tax benefits. If you choose to create an Investment LLC, one of the most critical formation documents is the LLC Operating Agreement .

Operating Agreement for an Investment LLC

An effective operating agreement is essential for an investment LLC. An LLC operating agreement documents how the internal operations of the company will be governed. It includes rules and regulations pertaining to finance, roles and responsibilities of members, and management structure.

The operating agreement for an investment LLC needs to be tailored to specifically govern the company’s investment endeavors and outline what can and cannot be done in the company.

Some essential provisions to include in an investment LLC operating agreement are:

  • Name of each member and their percentage of ownership and investment
  • How the LLC will distribute profits and losses
  • The process for making decisions
  • The intentions and wishes for investing assets
  • How or when a member can sell their shares
  • How a member leaves the LLC
  • How often to rebalance the portfolio
  • Who is in charge of making investment trades
  • Requirements for regular contributions

It is very common in an investment LLC operating agreement to have a detailed provision about how and when members can sell their shares and leave the company. Many investment LLCs will forbid members from selling their shares without the permission of all the current members. This prevents changes in the ownership structure.

How money will be invested is another common and significant provision in the operating agreement. This will lay out terms like how much capital should be invested in stocks versus other investments.

Learn more about operating agreement costs .

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Benefits of an Investment LLC

Limited liability companies offer many benefits to the owners, which is why they are one of the more popular business entities in the United States. LLCs established specifically for investment purposes offer the owner additional unique benefits.

Benefits of forming an Investment LLC include:

  1. Taxes: When you invest as an individual, you will pay taxes on all sources of your income, including earnings from stock dividends and capital gains. LLCs do not pay federal income taxes, so when an owner makes investments through an LLC, they lessen their tax obligations.
  2. Liability Protection: When an LLC is established, it is a separate legal entity from its owners. The members of an LLC benefit from asset protection in the event that the LLC is ever sued or subject to collections by creditors. In an investment LLC, the members are only subject to lose what they have put into the company. Their personal assets like real estate, vehicles, and personal bank accounts are protected.
  3. Group Investing: An investment LLC allows a group of people to pool money together to make investments similar to a partnership, but an LLC provides protection more like a corporation. This is perfect for families who want to build savings for future generations. It can also be beneficial for those who may be apprehensive about investments. When you invest with a group, there is a larger pool of knowledge to help make important decisions.
  4. More Capital: Investing with an investment LLC allows multiple people to combine their finances. This allows the LLC to purchase higher value stocks and diversify its portfolio.

How is an Investment LLC taxed?

An LLC is called a pass-through entity for taxation purposes. Limited liability companies are exempt from federal taxes, so any profits or losses earned by the company pass through the business and on to the members. Every year, each member is responsible for reporting their portion of gains or losses on their own federal tax return.

Generally, an investment LLC would have capital gains, losses, and dividends. Depending on how many members are in the LLC and their percentage of ownership, the gains, losses, and dividends will be distributed to each member. Each member is required to report these amounts on their tax return.

Can an LLC own an investment?

Yes. Once an LLC is established, it can be used for a variety of business purposes. An owner can open a brokerage account in the LLC’s name to transfer assets or obtain new ones. An LLC can:

  • Buy and sell stocks
  • Buy and sell bonds
  • Buy and sell real estate
  • Own businesses and other entities

Setting up an Investment LLC

Setting up an Investment LLC is relatively simple, and although each state has its own laws governing LLC formation and requirements, the process is similar in most states.

  1. Pick a name: Your LLC needs a unique name that doesn’t infringe on the trademark of any other company. You can conduct a search on a state database to ensure any other companies aren’t using your name.
  2. File Articles of Organization: Articles of Organization are formation documents filed with the Secretary of State. This makes your company a legally recognized business entity.
  3. Choose a registered agent: The registered agent is usually a member of the LLC, but it can be an individual designated to receive legal documents on behalf of the company.
  4. Draft your LLC operating agreement: The operating agreement must be agreed upon by all members as it is a legally binding contract. This document must include all necessary information to govern the company effectively. If you are unsure of what needs to be included in an operating agreement, it is best to hire a lawyer to draft one for your company.
  5. EIN and bank account: Finally, you will want to apply for an EIN from the IRS and open a business bank account in your LLC’s name. This is an important step to show that the LLC is a separate legal entity from the owners. All business concerning the LLC should be conducted through the business accounts.

Do you need more information about setting up an investment LLC? Follow this guide.

Get Help Forming an Investment LLC

Do you have questions about investment LLCs and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from LLC lawyers and corporate lawyers specializing in investment LLCs.

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