A Delaware Series LLC, commonly referred to as an “SLLC,” is one LLC that is legally authorized to create separate portfolios of assets and liabilities (the individual “series”) that are not separate LLCs. Each series is protected from claims of both the series LLC itself and other individual series formed by the SLLC.
The basic rules for creating and running an SLLC are:
Florida, California, and New York do not provide for the creation of SLLCs so a Delaware LLC is created to do business in these states. DC has adopted the SLLC. In Florida, an individual series of a Delaware SLLC may purchase and sell real estate in the name of the individual series.
The SLLC isolates liabilities of single assets without requiring a separate LLC for each asset. There is one LLC, one Delaware filing, and for sole member SLLCs the federal income tax filing remains on the personal return as disregarded entities. Delaware SLLCs are perfect for portfolios of rental real estate and charter yachts.
Even when only purchasing one parcel of real estate, if an the SLLC is formed and used, all that is needed to purchase a second parcel is a short off-record series agreement creating the new series and identifying the new parcel. There is no required state filing or other process to create each series once the SLLC is formed.
If this sounds like it may work for you, please contact Donald J. Schutz.