How to Change Property Into an LLC
A limited liability company is a business structure combining the benefits of a corporation and a partnership. Owners are called members with a percentage of ownership defined in the Articles of Organization. The LLC members allows revenues and losses to pass through each owner like a partnership but the liabilities are retained by the LLC similarly to a corporation. If property is bought or assumed by the LLC, the deed must reflect the new owner properly.
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1.
Review the Articles of Organization for the LLC to ensure that it is in good standing and is able to own property as defined in its bylaws.
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2.
Contact your local county clerk's or city registrar's office to obtain a new deed of trust for the property. Many business property transactions utilize an escrow company. This may simplify the process but is not required.
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Fill out the deed completely with the LLC as the property owner, naming any decision-members to oversee the property ownership.
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4.
Notarize the form with the LLC member's signatures and the signatures of those transferring the property to the LLC. Make sure all parties are present with valid identification to obtain a notary signature.
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5.
Record the deed at the county clerk's office or city registrar's office. Pay any fees associated with the new deed registration.
References
Tips
- A property still subject to mortgage payments requires the lender's approval prior to transferring the asset. Call the lender for approval. The LLC may need to qualify to assume the mortgage on the property before the transfer.
Warnings
- Consult a business attorney with any questions regarding the transaction to prevent any legal or tax ramifications.
Writer Bio
With more than 15 years of professional writing experience, Kimberlee finds it fun to take technical mumbo-jumbo and make it fun! Her first career was in financial services and insurance.