HOW TO DO YOUR OWN SYNDICATIONS, Component 2
Last week I covered the first ten actions to creating your own investment groups for commercial real estate acquisitions. I was able to take the procedure correct up to the acquisition of the property and I’ll cover the balance of the method here. The focus of these articles has been on acquiring existing real property rather than on development. Specific extra steps need to be taken in the case of new construction to prevent running afoul of state and federal securities laws.
Here are the remaining ten actions you will need to take to make certain that you have a effective actual estate investment syndication:
11. Every of the members of the LLC (as people) has to sign a Property Management Agreement that employs the Syndicator as the day to day manager of the commercial property investment. This is a key aspect of keeping the IRS happy with regard to protecting your future 1031 exchange privileges and for the proper tax treatment of the LLC as a entire.
12. When the LLC is fully funded, the Syndicator wants to complete the purchase of property. If needed, the Syndicator signs loan documents for a new loan or the assumption of an existing 1. Members with substantial ownership percentages of the LLC will also have to sign on the loan.
13. The Syndicator then files the Articles of Organization (LLC-1) with the state in which the LLC is formed and any formal registration documents if the property is in a various state.
14. The Syndicator now assigns his correct to obtain the property to the LLC in an amendment to escrow prior to the close. This right is what the Syndicator exchanges for his portion of ownership in the LLC. The property will now vest in the name of the LLC and the Syndicator gets his ownership percentage.
15. The down payment and closing expenses for the transaction are funded into escrow from the LLC members’ contributions.
16. Escrow closes and the LLC takes possession of the property.
17. The Syndicator now sends copies of the closing documents to all of the members of the LLC, along with any other organizational documents that may not already be in their possession.
18. The Syndicator now actions into the role of manager. He files a LLC-12 (Statement of Information) with the state within 90 days of the filing of the LLC-1. He’ll do this each 24 months until the LLC is canceled. The LLC-12 names the manager, the address of the LLC, and the Agent for Service of Process.
19. The Syndicator now operates the property on behalf of the LLC. He maintains it, prepares regular operating reports, and distributes earnings to the members according to the provisions of the Operating Agreement.
20. When it’s finally time to liquidate the property, the Syndicator will manage the sales method: Hires the broker or represents the LLC himself, negotiates the offers, and gives the disclosures and reports once the property is in escrow. At the close of escrow, he’ll also make final distributions to the members and wind down the operations of the LLC.
1 of the issues you might have picked up from this method is that there would be advantages to the Syndicator if he had a real estate license in the state in which he was producing acquisitions. As you may possibly anticipate, he’d be able to earn commissions on the obtain and sale of the property and would also have a excellent legal standing with regard to collecting fees for its management. What you may possibly not understand is that he’d also be able to obtain Errors and Omissions insurance to protect him in the event something was overlooked in the certainly complicated investment procedure. Whilst not a requirement, it is something to bear in mind if you intend to do a lot of these.
Hopefully, you have a clearer picture of the procedure of forming investment groups for commercial actual estate. It isn’t easy, but it is straight forward and very lucrative to those who take the time to turn out to be good at it.