Part
One
Make
certain that a separate
account is established
and constantly maintained
in the name of the
Family Limited Partnership
and that the assets
in such an account
remain separate from
nonentity account (such
as the general partners’
personal or trust accounts).
The
general partner of
the Family Limited
Partnership should
endorse all transactions
involving the partnership.
No property should
be added to an FLP
without first looking
for advice from competent
legal counsel and completing
a Contribution Agreement
documenting who made
the contribution, what
is its cost basis and
its current fair market
value.
Establish
and maintain a separate
capital account for
each Family Limited
Partnership member.
Consult an accountant
to establish maintain
such accounts.
Always
conduct annual meetings
on behalf of the partnership
and discuss partnership
transactions such as
asset purchases and
sales, leases, etc.
These annual meetings
should be documented
in minutes prepared
and signed by the general
partners.
Make
sure that accurate
records of Family Limited
Partnership transactions
are maintained as they
occur and prepare an
annual account of all
Family Limited Partnership
transactions for the
given year to be retained
with FLP records. Keep
a current schedule
of all partners and
the number of limited
and general units owned
by each.
If
you would like more
information regarding
asset protection, trusts,
family limited partnerships
or the subject of this
article please call
or email our office.
|