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#2199806 - 12/04/18 07:33 PM Beneficial Ownership with POA for LLC Entity Owner
Dani York, CRCM Offline
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Dani York, CRCM
Joined: Apr 2005
Posts: 3,663
TN
We have an LLC where the majority owner is in long term care and has given POA to her personal representative. The Operating Agreement still lists her as the owner with 90+% ownership and we have a copy of the POA. Do we list her as the entity owner and conduct the verification the POA? Or do we list the POA only and treat the id info and verification like we would for a fiduciary account?
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#2199885 - 12/05/18 04:36 PM Re: Beneficial Ownership with POA for LLC Entity Owner Dani York, CRCM
John Burnett Offline
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John Burnett
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Cape Cod
The attorney-in-fact is not the owner. He or she is the owner's agent, plain and simple.

The owner is listed, and the attorney-in-fact will have to provide the owner's identifying information.
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#2199899 - 12/05/18 05:21 PM Re: Beneficial Ownership with POA for LLC Entity Owner Dani York, CRCM
ComplianceNewbie Offline
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Joined: Apr 2017
Posts: 19
John's answer is correct; however, I would question the ability of the POA to act for the LLC if the POA is for the owner in an individual capacity.

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#2199909 - 12/05/18 06:16 PM Re: Beneficial Ownership with POA for LLC Entity Owner Dani York, CRCM
Dani York, CRCM Offline
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Dani York, CRCM
Joined: Apr 2005
Posts: 3,663
TN
Thank you both.
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I can't herd the cats anymore, so I just set up the electric fences and let them fry when they stray out of bounds.

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#2200191 - 12/08/18 01:04 AM Re: Beneficial Ownership with POA for LLC Entity Owner Dani York, CRCM
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
That's true, Compliance Newbie. There's really no "action" the owner (or his/her AIF needs to take here). The important point is that the owner's information will be required on the BOC.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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