LLC interest in a trust?

searcher profile

September 02, 2025

by a searcher from University of Texas at Austin in San Antonio, TX, USA

I have a family investor of my LLC that wants to move his interest into his trust. Our operating agreement will allow for this - but are there any SBA factors we need to take in account? They are a small investor (<3%) if that impacts anything.
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commentor profile
Reply by a professional
from University of Phoenix in Guerneville, CA 95446, USA
I'm no attorney (I have many assets in trusts) but not all Trusts are the same, Shares of an LLC can be held in trust but the trust needs to be a personal property trust of have the proper language to hold personal property. (shares being % of LLC documented by your operating agreement and his trust)... These can get sticky, especially when family starts to contest. have a GOOD attorney look at all docs. SBA - I've never met a bank that likes trusts, when it comes to loans, for every real estate transaction i've ever done, I've had to deed it back to my LLC or me personally and move it into the trust after the fact. They can not call the loan due via due-on-sale because the due-on-sale laws have a provision for moving ownership for estate planning purposes. Again not an attorney, but I hope I helped. I've been using trusts since 2008 and been to a few 3 to 5 day classes to understand them.
commentor profile
Reply by a professional
from Western Michigan University in Columbus, OH, USA
It is possible to hold ownership of an LLC in a trust. I own a large number of SBA funded businesses in both revocable and irrevocable trusts. They should consult their attorney to make sure THEIR trust allows it.
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