Can an Individual Invest in an LLC? (2024)

Businesses need capital to fuel growth. That capital can come from debt or equity. Most small businesses pursue loans from traditional financing sources such as banks, credit unions, home equity line providers. Small business owners also could use equity from investors. If you structured your business as a limited liability company, you can bring in investors – individuals, corporations and partnerships – to raise capital for your business.

The LLC Structure

  1. An LLC is governed by rules in the state in which it was created. Unlike corporations, these companies are not governed by federal regulations that regulate ownership, boards, directors and officer requirements. Instead, each state imbues an LLC's operating agreement with significant decision-making guidance. The operating agreement is the agreement that governs how the LLC is managed and run, who can own membership interests and the existence period. Hence, an LLC has more structural flexibility than corporations.

Permitted Members

  1. LLC owners have a membership interest in the LLC and are referred to as members. State laws permit LLC members to be individuals, corporations, partnerships and other LLCs. To establish an LLC, founders or their agent must file articles of organization with the secretary of state. The articles of organization list all the current members and typically designate if the member is a person or an organization.

Adding a New Individual Member

  1. If you have already lined up an individual as an investor in your company before you officially formed your LLC, then you would simply add that person's name to your articles of organization. If you solicit investment after you have organized and are operating as an LLC, then you will need to follow the rules in your state regarding notice of new members. Many states, like Texas, mandate that you amend your articles of organization to include any changes, additions or deletions in your members. Other states require you to file an annual update listing the current members.

Operating Agreement

Can an Individual Invest in an LLC? (1)
  1. If you bring on individuals as investors in your LLC, craft a well-thought-out operating agreement, or modify your existing one, to cover a number of what-if scenarios. Your operating agreement is the document that addresses a number of issues. You want to ensure that your business continues to run smoothly with the money brought in from the new individual investor. If you do not clarify in advance, you could subject your company to infighting regarding the sale of an ownership stake or interest, the profit distribution schedule, management control and strategic focus.

Can an Individual Invest in an LLC? (2024)

FAQs

Can an individual invest in an LLC? ›

LLC owners have a membership interest in the LLC and are referred to as members. State laws permit LLC members to be individuals, corporations, partnerships and other LLCs. To establish an LLC, founders or their agent must file articles of organization with the secretary of state.

Why do investors not like LLCs? ›

Investors do not like the tax implications of an LLC because as a partner, they'll be taxed on the entity's income even in years when no cash is distributed to them personally. VCs often avoid this structure as they don't want business profits or losses passing through to them directly.

Can I write off money I invest in an LLC? ›

New LLC business owners can deduct some of the costs of creating a company. Particularly if you've invested money to start your new business, this write-off of startup expenses can help reduce financial strain.

Can you do a safe with an LLC? ›

If you want to use SAFEs for fundraising, your startup must be designated as a C-Corp, which means you have a defined ownership structure and must pay corporate income taxes on profits and losses. LLCs may be able to raise SAFEs in some circ*mstances, but the procedure is more difficult.

Can I put personal money into my LLC? ›

Yes. Once you've established a business checking account, you can transfer funds from your personal checking or savings accounts. Other funding sources such as loan proceeds or retirement accounts may be a bit more complicated to transfer but generally can be applicable for transfer to your LLC.

Can an LLC be a qualified investor? ›

Entities that qualify as accredited investors

Here are some examples: Corporations, limited liability companies, trusts, partnerships, 501(c)(3) organizations, employee benefit plans, “family offices” and “family clients” of that office, as long as these entities have assets over $5 million.

Is it better to invest in stocks as individual or LLC? ›

Setting up an LLC for investing is a safe way to build a group of investors and take advantage of the liability protection and tax benefits given to LLCs. Investing as an individual brings added risks to your personal finances and leaves you solely responsible for raising the money to invest.

What are the risks of owning an LLC? ›

The Top 10 Disadvantages of LLC are listed below.
  • Limited liability has limits.
  • Self-employment tax.
  • Consequences of member turnover.
  • Personal liability protection.
  • Corporate taxes are usually bypassed.
  • Difficult to transfer ownership.
  • Self-Employment Taxes.
  • Confusion About Roles.
Apr 6, 2023

Can you write off car payments for LLC? ›

Yes, an LLC can write off a car purchase as long as it is used for business purposes. The exact amount of the deduction will depend on whether you use the standard mileage rate or the actual expense method.

Can a single-member LLC write off expenses? ›

As a single-member LLC, you can reduce your taxable income and save money by taking advantage of deductible business expenses such as office supplies, rent or lease payments for equipment or space, utilities, advertising costs, insurance premiums, and maintenance costs.

How to avoid tax with LLC? ›

File as an S corporation

LLCs have the option of filing as an S corp., the main benefit of which is it provides a mechanism for reducing self-employment taxes. Under an S corp structure, the owner of an LLC can be considered an employee and receive a salary.

Is your money SAFE in an LLC? ›

This means that your personal assets – such as your house, real estate, vehicles, investments, stocks, and financial portfolio – are out of reach of the LLC's creditors or disgruntled clients, in most instances. Unlike a sole proprietorship or a partnership, an LLC is an entirely separate legal entity from its owners.

Does an LLC really protect your personal assets? ›

Understanding an LLC's limited liability protection

The owners' personal assets, such as cars, homes, and bank accounts, are safe. An LLC owner only risks the amount of money he or she has invested in the business.

Can you raise money as an LLC? ›

Most LLCs need to raise capital to get started with their business. Read about some of the more commonly-used options for obtaining funding, including selling your assets, apply for loans, and expanding your team.

Is it better to invest in stocks as an individual or LLC? ›

Setting up an LLC for investing is a safe way to build a group of investors and take advantage of the liability protection and tax benefits given to LLCs. Investing as an individual brings added risks to your personal finances and leaves you solely responsible for raising the money to invest.

Can a single member LLC own stock? ›

Once organized under state law, an LLC can do many of the same things as individuals, including buy stock. An LLC's operating agreement can authorize one or more owners/managers to purchase stock on behalf of the company.

Can I invest my own money into my business? ›

Fund your business yourself with self-funding

Otherwise known as bootstrapping, self-funding lets you leverage your own financial resources to support your business. Self-funding can come in the form of turning to family and friends for capital, using your savings accounts, or even tapping into your 401(k).

Can you have passive investors in an LLC? ›

Passive Investors in an LLC: Your Membership Interest is Likely a Security. Owners who organize new LLCs, or bring passive investor members into existing LLCs without obtaining the advice of counsel, may expose their businesses and themselves to risk.

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