-
A Limited Purpose LLC is a legal structure specifically designed to hold a single asset. This can be any kind of asset but the Limited Purpose LLC is most often used in real estate development projects.
How Limited Purpose LLC Is Created?
A Limited Purpose LLC is created in the same manner as a general LLC. Limited purpose is established only after certain legal language is added to the company agreement or the Certificate of Formation.
Advantages
A Limited Purpose LLC protects the sole asset against creditors from other development projects. Many commercial lenders will also require this protective structure before approving a new construction loan deal.
Disadvantages
A Limited Purpose LLC typically dissolves when development is completed and the property is sold. However, this does not always erase future liability charges. Keep in mind that certain states will allow lawsuits against a Limited Purpose LLC long after its dissolution.
Standing Alone
Each Limited Purpose LLC must keep all its activities, resources, and finances separate, i.e., no commingling. Commingling will trigger Internal Revenue Service (IRS) audits and eliminate its liability protection. This elimination is often called "piercing the veil."
Other Names
Limited Purpose LLCs are also known as Single Purpose LLCs, Single Member LLCs, Special Asset LLCs or Special Purpose LLCs.
Source:
University of Texas School of Law: Effective Use of Special Purpose Entities; David Sewell
Daily Journal of Commerce: Think carefully when creating LLCs; Eric Grasberger
More Information:
Copyright 2023, Wired Ivy, LLC