Ricardo Fornesa, Jr. REALTOR®/MBA - A GUIDE TO SELLING YOUR HOME AFTER DIVORCE

Texas since 2009. The series LLC is an excellent way for real estate investors to own similar multiple assets since it allows for sorting individual properties into separate compartments known as series that are isolated and insulated from one another. This contrasts with the old method of forming a separate traditional LLC for each asset or property acquired. Series LLCs (which were born in 1990 with the Delaware Business Trust Act) were initially designed to cater to the mutual fund and asset securitization industries. Series entities have since shown their worth in real estate investing and are now available in at least thirteen jurisdictions (Delaware, Texas, Nevada, Alabama, the District of Columbia, Illinois, Iowa, Kansas, Missouri, Montana, Tennessee, Utah, and Puerto Rico). Our preference is for Texas and Nevada, which have similar statutes. The series LLC is an idea whose time has come, particularly for real estate investors who wish to avoid a proliferation of entities. This and other improvements to the BOC have solidified Texas’ already deserved reputation as an excellent place to do business and engage in asset protection. There is no longer any good reason to go to another state to form either a traditional or a series LLC unless one is specifically looking for protection by virtue of the physical and jurisdictional distance of being in another state (n.d., Business Organizations Code). A series LLC allows an investor to hold assets and liabilities within separate cells or series which effectively operate as sub- companies (Series A, Series B, and so forth). However, series are not stand-alone legal entities in their own right—at least not technically according to Section 101.603 of the BOC.[1] Pursuant to Sec. 101.605. GENERAL POWERS OF SERIES. A series established under Subchapter M has the power and capacity, in the series' own name, to: (1) sue and be sued; (2) contract; (3) acquire, sell, and hold title to assets of the series, including real property, personal property, and intangible property; (4) grant liens and security interests in assets of the series; (5) be a promoter, organizer, partner, owner, member, associate, or

cxvi

Powered by