If I had an LLC with a capital partner, where would the money go?

If I had an LLC with a capital partner, where would the money go?

Rental Property Investor · Raleigh, NC · Member since 2019 · 10 posts · 3 votes

First off, I do realize that these types of questions should be discussed with an attorney before any action is taken. I'm definitely going to talk to one, but there are still a few things I'm researching.

Say I found a partner who was willing to form an LLC with me to invest in a property. They would bring all the capital (down payment, closing costs, LLC setup fees, etc.) and I would be doing all the work involved to get the deal done. My understanding is that the capital for the deal would need to be held inside an LLC bank account, otherwise, I would run the risk of violating SEC laws and unintentionally forming an illegal syndication. If someone could clarify on that it would be greatly appreciated.

Additionally, if the capital was held in an LLC account, how should payments be made? I would imagine I would simply confirm every payment I send out with my partner, but that seems to ruin the point of me handling all the work so that they can have a completely hands-off experience. Thanks for the insight!

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  • Investor · Washington, D.C · Member since 2019 · 113 posts · 93 votes
    4y

    As you mentioned, definitely speak to an attorney. However, you are correct that a business bank account in the name of the LLC needs to be opened to hold company assets.


    Regarding payments, it depends on how the operating agreement is written in my experience. You can structure it however you and your partner wish. 

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