The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement is the most important document for your Self Directed IRA. It is extremely important that you create an Operating Agreement for your Self Directed IRA LLC.
The standard LLC Operating Agreement will not meet the requirements for your Self Directed IRA LLC. In general, a self directed IRA LLC Operating Agreement should include special tax provisions relating to “Investment Retirement Accounts” and “Prohibited Transactions” pursuant to Internal Revenue Code Sections 408 and 4975. In addition, since the LLC will be managed by a manager and not the member, the Operating Agreement would need to include special management provisions.
It is extremely important to have a properly prepared Operating Agreement to fit the needs of your LLC and meet the requirements of the Internal Revenue Service for a Self Directed IRA LLC. In fact, a copy of the LLC Operating Agreement will be required by the Custodian and also by the bank where you will have your LLC’s checking account.
IRA Financial Group is attorney owned and operated and has significant experience drafting Self-Directed IRA LLC Operating Agreements for single account Self Directed IRA LLCs, multi-account Self Directed IRA LLCs, Real Estate IRA LLCs, and Roth IRA LLCs. Their low one time service fee includes not only the generating of the required specialized Self Directed IRA LLC Operating Agreement, but also includes the setting up of the entire Self Directed IRA LLC structure for your, including LLC formation, acquiring a Tax ID#, assisting with the completion of all transfer documents, and tax consultation from their on-site tax and ERISA professionals.