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FORM A SPECIAL PURPOSE LIMITED LIABILITY COMPANY FOR SELF-DIRECTED 401(k)

THANKS FOR INQUIRING!

Just think - you can form a Special Purpose LLC for Self-Directed 401(k)
right over the Phone, or Online. It's easy. It's quick.
And you'll save a substantial amount of money.

OUR GOAL—YOUR Complete Satisfaction and Understanding
Our goal is to provide each of our clients with as much information as possible about starting a Special Purpose LLC for Self-Directed 401(k). As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of the formation of your Special Purpose LLC for Self-Directed 401(k) at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.

WHAT IS A SPECIAL PURPOSE LIMITED LIABILITY COMPANY FOR SELF-DIRECTED 401(k)?
Why limit your 401(k) investments when you can have self-direction? This strategy involves forming a single-owner limited liability company (“LLC”) with a 401(k) Plan. Plan funds would be used either to purchase real estate or other assets directly or to create a holding company which in turn would purchase such assets. When you are the Operating Manager of the LLC’s 401(k) Plan, you have “checkbook control”. That means that every time you are going to invest in a new asset or property or form a holding company to invest in assets or property, you are not required to have the plan custodian approve the transaction.

We will form your Special Purpose LLC for Self-Directed 401(k) Account under the personal direction of a qualified attorney who makes certain that all requirements are met.

Let us explain:

The operating agreement for your LLC would allow your self-directed 401(k) Plan to choose what you would like to invest your money in. The operating agreement for the Special Purpose Limited Liability Company for Self-Directed 401(k) Account has to comply with the Internal Revenue Code, Employee Retirement Security Act of 1974 (ERISA) and corresponding regulations.

A special purpose LLC formed for a self-directed 401(k) must have a Operating Agreement that must include:
  • language regarding Prohibited Transactions as defined by IRC Section 4975;
  • language regarding the potential or the avoidance of Unrelated Business Taxable Income (UBTI) and, if incurred, that the manager will complete and ensure the timely filing of all relevant tax returns to the IRS and state authorities;
  • language regarding additional capital contribution(s) and whether they are allowed or disallowed; if allowed, the agreement must state that: “Subsequent investments by the single member are permitted and do not create a prohibited transaction under IRC Section 4975;
  • the participant (you) as a member in this form only: for example: Your IRA Services Company, Custodian FBO, your name as participant;
  • a signature line for the Custodian;
  • the Operating Manager and provide contact information for the Custodian;
  • you, the participant, may act as the Operating Manager. The Operating Manager must sign the Operating Agreement, the Custodian will sign on behalf of the Member.
PROHIBITED TRANSACTIONS (see IRS Publication 590 for further information)

A prohibited transaction is a transaction between a plan (the LLC) and a disqualified person that is prohibited by law.

Prohibited transactions include, but are not limited to, the following transactions:
  • a transfer of plan income or assets to, or use of them by or for the benefit of, a disqualified person;
  • any act of a fiduciary by which plan income or assets are used for his or her own interest;
  • the receipt of consideration by a fiduciary for his or her own account from any party dealing with the plan in a transaction that involves plan income or assets;
  • the sale, exchange, or lease of property between a plan and a disqualified person;
  • lending money or extending credit between a plan and a disqualified person;
  • furnishing goods, services or facilities between a plan and a disqualified person.
A disqualified person is any of the following:
  • you, the owner, of the plan (401(k));
  • a member of your family (i.e., your spouse, ancestors, lineal descendants and their spouses);
  • the Custodian/Administrator of the plan;
  • any person providing services to the plan;
  • any corporation, partnership, trust or estate in which you own (either direct or indirect) 50% or more;
  • an officer, director, 10% or more shareholder, or highly compensated employee of the 50% or more owned entity described above.
You should also be aware that most self-directed IRA and 401(k) custodians will not allow the 401(k)’s to make foreign investments. Their thinking is that these types of investments may become extremely difficult to value in the IRA or 401(k), therefore, they do not allow foreign investments. Bear in mind that there is nothing in the IRS Code that precludes foreign investments. This is simply a practical decision that the custodians make and you should be aware of this situation because you should be mindful of some of the potential difficulties in valuing foreign investments.

The cost of the Spiegel & Utrera, P.A. Special Purpose LLC for Self-Directed 401(k) is just $554.90 for up to 4 members, additional members are $50 each if ordered at the time of forming your LLC and, as an additional bonus, it includes the required Special Purpose LLC for Self-Directed 401(k) Operating Agreement.

When forming any Company, we strongly recommend the owners obtain the maximum protection permitted by current Laws. One of the best ways to protect yourself is to enter into an Indemnification Agreement at the time of formation of your LLC.

For example, you may include in your Articles of Organization a special provision to protect the Managers from any actions they take on behalf of the LLC called an Indemnification clause. Basically, the LLC agrees to indemnify and hold harmless its Operating Manager(s) (those who act as agents of the LLC and represent the LLC’s interest in day to day business transactions).

Once the Indemnification Provisions are in effect, the LLC would be responsible should there be any legal action taken against its representatives. In other words, the LLC would have to pay any legal fees or liabilities assessed against its Manager.
For one low fee, your Special Purpose LLC for Self-Directed 401(k) is COMPLETE and 

INCLUDES
State Filing Fees.
INCLUDES
Special Purpose LLC Seal and Book.
INCLUDES Articles of Organization.
INCLUDES Special Purpose Minutes.
INCLUDES Special Purpose Regulations.
INCLUDES Membership Certificate.
INCLUDES Preliminary Name Search.
INCLUDES Special Purpose LLC Operating Agreement.
Yes, even INCLUDES Attorney's Fee (No Hidden Attorney Fees).

What's the secret to such great prices?


Flexible payment options available for placing your order.



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Getting Started:

Information and Services for the success of your business from Spiegel and Utrera, P.A.:

Starting a business is hard work. Creating a successful business is even harder. Don’t let your business fail before it even gets off the ground. Let Spiegel & Utrera, P.A. help jump start your new enterprise and put you on the road to success. Scroll down to see valuable business information and all of the start-up services that Spiegel & Utrera, P.A. provide. Click on any of the links below to jump to that section.

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Beyond the initial corporation or LLC setup there are additional legal services that you should expect, without additional charge, from whomever you choose to form your Corporation or LLC. Each order placed with Spiegel & Utrera, P.A. includes one on one personalized service from one of our associates. We believe our clients should expect superior customer service, from our law firm. That means explaining the different issues relevant to incorporating or organizing a LLC in a manner that is easy for the client to understand. That way you as a business person can make informed choices when you set up your corporation or LLC.

There are many relevant issues you need to take into consideration but which you may not be aware of when starting a new business: different tax advantages available to you; indemnification and covenant not to sue; federal, state and local filing requirements; name protection; choices of entity structure set up; available agreements and the importance of maintaining corporate and LLC company formalities and complete records; lease reviews; and contracts.

When you use our firm to incorporate or organize your LLC, we will continue to provide you with a toll free number for a 30-day period after incorporating or organizing your LLC so that you may contact our firm whenever you need legal assistance. You can even become a member of our General Counsel Club at a discount, when you incorporate or organize your LLC, and get unlimited legal advice by phone for the entire year.

Seven Powerful Reasons to Incorporate or Organize an LLC

  • Protect yourself from personal liability
  • Business Tax Deductions
  • Minimize IRS Audits
  • Privacy
  • Use of a Marketing framework
  • Raising capital
  • Easy transfer of ownership
Overall discussion of the tax advantages of incorporating or organizing a LLC

Spiegel & Utrera, P.A. has achieved success because we offer Information, Guidance and Counsel with every corporation or limited liability company formed!

We are the low cost providers of incorporation and LLC formation services. This year we will form over 10,000 corporations and LLC's.

Most of our clients are repeat customers or referred to us by users of our services.

Need help Incorporating or Forming your Limited Liability Company? Give us a Call Today! | Frequently Asked Questions

SPIEGEL & UTRERA, P.A. is your one source for business legal services.
Would you rather speak to a lawyer? A Spiegel & Utrera, P.A. associate is ready to take your call.

Our Office

Miami

1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney

New York City

1 Maiden Lane
5th Floor
New York, NY 10038
Toll Free: (800) 576-1100
(212) 962-1000
Fax: (212) 964-5600
Nicolas Spigner, Esq.
Managing Attorney

Clifton, NJ

642 Broad St., Suite 1B
Clifton, NJ 07013
Toll Free: (888) 336-8400
(973) 473-2000
Fax: (973) 778-2900
Sandy A. Adelstein
Managing Attorney

Los Angeles

8939 S Sepulveda Blvd.
Suite 400
Los Angeles, CA 90045
Toll Free: (888) 520-7800
(310) 258-9700
Fax: (310) 258-9400
Nicolas Spigner, Esq.
Managing Attorney

Delaware

9 East Loockerman Street
Suite 202
Dover, DE 19901
Toll Free: (888) 641-3800
(302) 744-9800
Fax: (302) 674-2100
Courtney Riordan, Esq.
Managing Attorney

Las Vegas

2545 Chandler Avenue
Suite 4
Las Vegas, NV 89120
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Joel S. Beck, Esq.
Managing Attorney

Chicago

Continental Office Plaza, Suite L12
2340 Des Plaines River Road
Des Plaines, IL 60018
Toll Free: (888) 514-9800
(312) 443-1500
Fax: (312) 443-8900
Michael C. Welchko, Esq.
Managing Attorney

General Counsel Club®

Unlimited Legal & Business Advice
LEARN MORE!
Toll Free: 1 (800) 734 - 9900
Fax: 1 (800) 520 - 7800
ClubAssist@AmeriLawyer.com
Natalia Utrera, Esq.,
Managing Attorney

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