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Updated about 2 years ago on . Most recent reply

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Nami Do
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Converting Existing LLC to Series LLC?

Nami Do
Posted

So I live in Texas and my LLC is established in TX. I want to turn my LLC to a series type LLC where I can create other llcs. I have form from Secretary of State (Certificate of Amendment). It has a section to Add/Alter/Delete Provision, I am thinking adding verbiage to allow for series LLC formation in "Add provision to the certificate of formation section. This is Form 414 - General Information (Certificate of Amendment).

Are there any Realestate Attorney on here?

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Mitchell Zoll
  • Attorney
  • Austin, TX
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Mitchell Zoll
  • Attorney
  • Austin, TX
Replied
Quote from @Nami Do:

So I live in Texas and my LLC is established in TX. I want to turn my LLC to a series type LLC where I can create other llcs. I have form from Secretary of State (Certificate of Amendment). It has a section to Add/Alter/Delete Provision, I am thinking adding verbiage to allow for series LLC formation in "Add provision to the certificate of formation section. This is Form 414 - General Information (Certificate of Amendment).

Are there any Realestate Attorney on here?

Why do you want to convert to a series LLC? The changes in Texas law have a new filing option for each series that is the same cost as a new LLC so no filing fee savings. Having entirely separate LLCs is simpler in terms of management and liability protection, and I have not yet seen where a Series LLC provides any benefit over having individual LLCs if you need more than one (especially now that the cost is the same). If there is some reason you need to have a series LLC, I would work with an attorney directly to review your current company documents and to make sure you create the resolutions and company documents necessary to amend the LLC and the Company Agreement. It’s more than just an amendment with the state. 
  • Mitchell Zoll
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