Should My Limited Liability Company Have A Holding Company?

A holding company might give your firm with additional liability protection, but it can also increase complexity and responsibility.

Holding corporations are commonly referred to as “umbrella” firms since they safeguard the subsidiaries that fall under them.

An Overview of a Holding Company

A holding company is simply a parent company that does not engage in any activity. Instead, the holding company exists to possess a majority stake in one or more firms, as well as important corporate assets such as office buildings, factories, machinery, intellectual property, investment securities, and other equipment and supplies.

An operational company is a subsidiary controlled by a holding company. This firm is in charge of the day-to-day operations of the company. An operational corporation will employ people, sell goods, and give services to clients. To accomplish their tasks, operational firms often lease equipment or facilities from the parent company.

Do you own several businesses?

A holding company may be formed by anybody to handle their commercial assets. Those who own numerous enterprises, on the other hand, will typically find this structure to be even more helpful than those who own a single operation. This is because having several firms increases the possibility of responsibility and loss. A holding company allows you to structure your enterprises under one roof while simultaneously protecting each individual firm and you as the owner from financial and legal liabilities.

Asset Protection Benefits of Having a Holding Company

The most major benefit of a holding company structure is asset protection. By putting the majority of your firm’s assets at the holding company level, you may effectively hide these assets from your operating company’s responsibilities. This implies that if the operational company is sued or goes bankrupt, the holding company will preserve the bulk of your firm’s assets.

Interest Rates Are Low

As a holding company expands, it might provide financial support to its subsidiaries. A subsidiary firm may be able to get lower interest rates on debt financing with the backing and guarantee of a holding company than it could on its own.

Recognition of Names

A holding company enables a firm to structure and brand its several business divisions. This may assist in improving brand awareness, targeting marketing efforts, and strengthening customer connections.

Tax Benefits

If numerous firms are nested under a holding company, it may be feasible to submit a single consolidated tax return, resulting in a reduced total tax bill. Furthermore, a subsidiary firm may typically send tax-free dividends to its parent company. This permits the business owners to postpone paying profits taxes until they decide to remove the funds from the holding company.

The Drawbacks of Having a Holding Company More Paperwork and Complexity

Creating a holding company entails starting a new business from scratch. This implies there will be extra paperwork to complete and bank accounts to establish, among other things. This takes time and adds to the cost.

Error Probability

With the additional paperwork and the need to keep distinct accounts, assets, and transactions totally separate, the possibility of clerical or other mistakes increases. This might jeopardise your company’s limited liability protection. It is essential that you adhere to all necessary rules and procedures in order to avoid losing the safeguards established by your holding company.

How Can I Form a Holding Company?

Many of the same processes apply to forming an LLC holding company as they do to forming an LLC. The fundamental distinction is ensuring that the majority of your firm’s assets end up under the ownership of the holding company. The overall procedure is outlined in the following phases.

Select a registered agent and submit your articles of incorporation with your state. You should also check at the tax benefits of forming your LLC in a state other than your own.

Create a new holding company bank account.

Transfer any existing assets from the operating business to the holding company and fund the holding company. To maintain your limited liability protection, all holding company and operating business assets must be maintained separate.

A Holding Company Structure Example

Holding corporations are commonly referred to as “umbrella” firms since they safeguard the subsidiaries that fall under them. A bicycle helmet business, for example, may consist of a holding company that owns the factory, equipment, and any patents for the helmets (as well as shares in the operating company), while the operational company pays to utilise the factory to manufacture the helmets and employs staff to market them. Because the operating company does not really own any of the firm’s assets, if it is sued by a client who suffered a brain injury in a bike accident, the holding company’s assets would be safeguarded in the case of a court-ordered payment or settlement.

Conclusion

Finally, whether or not your LLC should have a holding company is determined by its own unique traits and circumstances. As you can see, a holding company may give your corporation with additional liability protection while also adding complexity and responsibility. Before making your selection, consider your LLC’s finances, activities, and objectives, as well as consulting with knowledgeable tax and legal specialists.