Choosing the Right Entity Type for Your Regulation D Syndication or Fund

Understanding the type of entity for your investment syndication or fund is critical. The choices range from LLCs and partnerships to corporations and sole proprietors. Each entity type has its unique implications, from the number of owners they can accommodate to the level of asset protection they offer.

DBAs, or Doing Business As, are the simplest type, typically filed with your local municipality. They are ideal for sole proprietors and partnerships but lack any form of asset protection. Partnerships, on the other hand, require two or more people and can offer good asset protection for the limited partner.

LLCs (Limited Liability Corporations) and corporations can have one or more owners and offer good asset protection, coupled with easy-to-complex governance and management. LLCs are often the preferred choice for property investments due to their simpler paperwork and structure.

Corporations, however, may be ideal if you desire a more formal and recognized structure, especially if your investors are more familiar with this type of entity.

The choice between an LLC and a corporation will depend on the ease of governance, record-keeping, and your future plans for the entity. Consult with your accountant to decide on the tax filing status, particularly if you need to make an S corp election.

Read more about real estate syndication - How To Syndicate Real Estate: https://www.moschettilaw.com/how-to-syndicate-real-estate/

Read more about Reg D - What is Reg D? The King of Securities Exceptions: https://www.moschettilaw.com/reg-d/

Moschetti Syndication Law Group is a boutique syndication law firm, serving small and growth-bound syndicators, as well as private equity firms. Our attorney, Tilden Moschetti, is determined to keep the firm’s ‘boutique’ size so we can tailor the services to each client’s unique needs without turning the firm into a faceless factory churning out private placement memorandums or passing unnecessary overhead expenses onto our clients. (As our client, you’ll only pay a fixed fee, so no surprises.) As for the client experience, we give real-time answers with Tilden Moschetti without making you book an official appointment or get passed along to associates or paralegals. We’ll work with your ambitions and overall vision to help you close the current deal and fill in that ‘missing’ piece – whatever you need – to keep adding more syndications to your portfolio. We keep syndicators syndicating (TM).

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