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Updated 8 days ago on . Most recent reply

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Stephen De Vita
  • Rental Property Investor
  • Charleston, SC
8
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17
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LLC That Isn't A Security

Stephen De Vita
  • Rental Property Investor
  • Charleston, SC
Posted

I'm curious to know with those who have experience forming LLCs for fundraising. How do you structure the entity so it isn't a security? From my understanding, LLC that has a "manager" who is making decisions on where and how the money is invested is a security. You could make a member-managed LLC, but then who makes the decisions about where the money goes?

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804
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Patrick Roberts
#2 Private Lending & Conventional Mortgage Advice Contributor
  • Lender
  • Charleston, SC
630
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804
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Patrick Roberts
#2 Private Lending & Conventional Mortgage Advice Contributor
  • Lender
  • Charleston, SC
Replied
Quote from @Stephen De Vita:

@Patrick Roberts Ideally, I would like them not to be really doing anything other than just being money investors. They would receive distributions during ownership and percentage at the sale/refi. Reaching out to a Crowdfunding lawyer is a good idea. I will put it on my to do list. I appreciate it.


 Yeah, I recommend speaking with a securities attorney on something like this. You can get into hot water quickly. 

Crowdfunding Lawyers is the name of the firm. It's Richard Robinette and Nate something. 

  • Patrick Roberts
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Patrick Roberts - MLO - Assurance Financial
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