Opening a bank account for a Series LLC can be more complex than opening one for a standard LLC. While a traditional LLC typically requires just one account, a Series LLC may need separate accounts for each series to maintain liability protection. Some banks do not recognize Series LLCs, and requirements vary depending on state laws and financial institutions.
This guide will cover:
Understanding the banking process in advance can save time, prevent legal complications, and ensure smooth financial operations.
Legal GPS Pro
Protect your business with our complete legal subscription service, designed by top startup attorneys.
Before opening an account, it is important to decide whether each series will have a separate bank account or if the entire Series LLC will share one.
One of the main benefits of a Series LLC is that each series is intended to have liability protection from the others. However, in order to maintain this protection, each series should have its own financial records and transactions.
Even if a state does not require separate accounts, keeping each series financially distinct is the safest approach to maintaining liability protection.
Not all banks recognize Series LLCs, and some may refuse to open accounts for individual series due to uncertainty about their legal standing.
Larger banks offer strong business banking features and multi-state support, but they often have stricter policies on Series LLCs.
Smaller banks are often more flexible in working with business owners and may have a better understanding of local regulations, but they may not offer as many online features.
Online banks provide easy account setup with fewer fees, but some do not support Series LLCs or may require each series to have a separate legal entity.
Calling multiple banks in advance will help determine which one best supports Series LLC accounts. Some banks will open accounts for each series, while others will only recognize the main LLC.
Banks require specific documentation to open a business account, and for a Series LLC, the requirements may be more extensive than for a traditional LLC.
Some banks may not fully understand how Series LLCs work. Bringing a copy of the state’s Series LLC laws may help clarify the legal structure when meeting with a bank representative.
Once the required documents are prepared, the next step is to open the account. Depending on the bank, the process may be completed online or require an in-person visit.
It is best to be prepared for additional questions, as some banks may not be familiar with Series LLC structures. Having all documents ready can help avoid delays.
Legal GPS Pro
Protect your business with our complete legal subscription service, designed by top startup attorneys.
Opening a bank account is only the first step. To preserve the liability protections of a Series LLC, financial separation between series must be maintained.
If a court determines that a Series LLC is not maintaining proper financial separation, it may disregard the liability protections, putting all series at risk. Treating each series as its own independent business will strengthen its legal standing.
Opening a bank account for a Series LLC comes with unique challenges. Many banks are unfamiliar with the structure, and state laws vary in how they treat each series. Below are some of the most common obstacles business owners face and strategies to navigate them.
Many banks are unfamiliar with Series LLCs or do not fully understand how they operate. Some financial institutions may refuse to open accounts for individual series, treating the entire Series LLC as one entity.
How to Overcome It:
Some banks require each series to have its own EIN, even if the IRS does not mandate it. If a series has employees, elects a different tax status, or operates separately, an EIN is necessary.
How to Overcome It:
Some banks will ask for additional proof that each series is legally distinct. This is because not all states provide clear-cut separation for liability purposes.
How to Overcome It:
Opening a bank account for a Series LLC is a critical step in ensuring that each series maintains financial separation. Without proper separation, the liability protections offered by a Series LLC may not hold up in court.
For business owners managing multiple series, the best approach is to:
Before opening an account, consult with both a banking representative and a legal professional to ensure compliance with state laws and financial best practices.
It depends on the structure of the Series LLC. If a series operates independently, has employees, or elects a different tax classification, it should obtain its own EIN.
Technically, some banks allow this, but it is not recommended. Keeping separate accounts reinforces liability protection and ensures financial clarity for each series.
Regional banks and credit unions are often more flexible in working with Series LLCs. Some online banks also allow multiple business accounts under one entity.
Mixing funds, also known as commingling, can weaken the liability protections of a Series LLC. Courts may disregard the separation between series, making all assets vulnerable in a lawsuit.
Yes, but this may not be ideal. If each series operates as an independent business, it is best to obtain a separate EIN and bank account for each one.
The biggest question now is, "Do you need a lawyer for your business?” For most businesses and in most cases, you don't need a lawyer to start your business. Instead, many business owners rely on Legal GPS Pro to help with legal issues.
Legal GPS Pro is your All-In-One Legal Toolkit for Businesses. Developed by top startup attorneys, Pro gives you access to 100+ expertly crafted templates including operating agreements, NDAs, and service agreements, and an interactive platform. All designed to protect your company and set it up for lasting success.
Legal GPS Pro
Protect your business with our complete legal subscription service, designed by top startup attorneys.