Benefits/Drawbacks to trading through an LLC?

Quote from Zr1Trader:

I have a question on the subject of LLC

Lets say I want to protect from black swan event or broker error .

I just read a story the other day on ET about a very screw options deal that happened where the guy was on the hook for way more than his 800 dollar account because of a broker error.
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It was a user error - failing to get out of option positions close to expiry or to mark them as not to be exercised. You must always do one or the other unless your account is large enough to deal with the higher margin requirements that will apply if they end up being automatically exercised due to being slightly in the money at expiration.


I want to protect from this type of thing from ever screwing me over in some way shape or form.

Lets say I trade through LLC and only keep say 50k in the account at any time. If a big error occurs where a loss is greater than the amount in account then they can't come after my personal funds correct?
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Most will require a personal guarantee so that can come after you in this case. Also they can always sue you for negligence personally.
 
Quote from comintel:

It was a user error - failing to get out of option positions close to expiry or to mark them as not to be exercised. You must always do one or the other unless your account is large enough to deal with the higher margin requirements that will apply if they end up being automatically exercised due to being slightly in the money at expiration.



Most will require a personal guarantee so that can come after you in this case. Also they can always sue you for negligence personally.
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Because you did business through the LLC, your personal assets would be protected as long as such assets were also not in the name of the LLC (i.e. in your name not in the name of hte LLC).
 
Quote from DragonDog:

Because you did business through the LLC, your personal assets would be protected as long as such assets were also not in the name of the LLC (i.e. in your name not in the name of hte LLC).
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Not if the broker requires a personal guarantee (which they probably will) and not for negligence. They will sue both the LLC and you personally for negligence regardless of whose name the account was in.
 
Quote from opt789:

Just to echo a few things already posted:
No such thing as “applying for trader status” and never has been.
Self employment tax never applies to capital gains, no matter what entity you trade through. You have to go out of your way and turn those capitals gains to ordinary gains or income by doing something like being a member of an exchange or paying yourself a salary.
An LLC is a pass through entity so taxes will be due just like on an ordinary return, e.g. if you close out your trade taxes are due. There is no tax advantage to trading through an entity as far as what is due.

DragonDog, no offense but this looks like another fake post, in a long line of fake posts that appear on this site. You are not going to turn 20k into 500k no matter how you trade so don’t worry about it. If you trade enough, multiple trades everyday, and don’t have another job you can just put your gains on Schedule D and your expenses on Schedule C exactly like the IRS has instructed, and there is no need for an entity. If you trade for a few years and are profitable, then come back and look at whether an entity makes sense.
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Thanks for your comment. Many people have turned $20,000 into millions. I don't think it is unreasonable to have that hope and goal given that I do not plan on doing it overnight....I know it may take a few years to accomplish such a thing; I am hoping to break even in the first year or maybe even in the second year too. But this is definitely not a fake post; I don't know why you would assume that. What purpose would a person make something like this up for?

I'm not claiming to be a market genius or anything but I am willing to work hard to understand the bond market and preserve the capital i have invested in that market. Capital preservation will always be the key goal. This will actually be my fourth forray into the financial markets; I've lost before because I always looked for homeruns; this time around I'm going to bat singles and do so consistently. God willing, I will achieve my goal and much much more...Thanks for your input....:)
 
Quote from comintel:

Not if the broker requires a personal guarantee (which they probably will) and not for negligence. They will sue both the LLC and you personally for negligence regardless of whose name the account was in.
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Well that's news to me. The whole purpose of an LLC structure is to protect your personal assets so you'd be a fool to give a personal guarantee... I don't think negligence is enough of a reason for a judge to allow penetration of the LLC wall of protection for seizure of your personal assets....I'm not a lawyer though
 
Quote from DragonDog:

Well that's news to me. The whole purpose of an LLC structure is to protect your personal assets so you'd be a fool to give a personal guarantee...
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Here's a thought: download an application and read through it and tell us whether or not in the fine print there is a clause for "personal guarantee" or the similar for trading through an LLC. Everyone I have read so far has it.
 
Quote from The Bishop:

Here's a thought: download an application and read through it and tell us whether or not in the fine print there is a clause for "personal guarantee" or the similar for trading through an LLC. Everyone I have read so far has it.
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So you are saying that the managers of hedge funds would sign off on such a personal guarantee and make their personal assets fair game for lawsuits from disgruntled customers? This doesn't sound right to me but if you know this to be the case do let me know.

You are saying that brokers require LLC's to sign the personal guarantee in order to trade with them? Is that form optional or required to be signed?

I'm not saying you don't know what you are talking about but this just doesn't sound right because then every manager on the street could be personally sued and I know such managers do everything they can legally to assure that their personal assets are untouchable in lawsuits against the LLC.
 
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