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Benjamin Barnard
  • Hopkins, MN
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Minnesota Series LLC vs Holding Company

Benjamin Barnard
  • Hopkins, MN
Posted Aug 14 2017, 21:07

I'm just starting to get behind the idea of investing in buy and hold real estate in MN and I am looking to form an LLC. As I want to structure it in a way that allows for easy growth, I'm looking at either a Series LLC or having individual LLCs with a holding company above. Ultimately, I'm looking for the safest vehicle for my properties.

It looks like Minnesota does have a Series LLC but my understanding is that it does not offer the same protections as a holding company would provide. Although it is a few years old, this article from 2015 (http://www.fortenberrylaw.com/states-series-llc-acts-recognize-series-llcs/) says the limited liability of a series is not recognized. In another article, (https://www.dunncarney.com/2007/06/layering-limited-liability-companies-does-it-enhance-the-liability-shield/) it seems to confirm the same but was structured in a way that I could not tell if that was only in the case of wrongful conduct.

If any of my information seems to be incorrect or misinformed let me know so I can correct my understanding. If there is other information that is needed let me know and I will provide it to the best of my ability.

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