Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What is an SPE? (Part 1 of 2)

Author: Scarinci Hollenbeck, LLC

Date: August 16, 2016

Key Contacts

Back

Everything You Need to Know about the SPE

When expenses grow as large as they do in filmmaking, it is important to keep accounting straightforward as well as establish clear roles for participants. Film producers can achieve each of these goals through special purpose entities also known as the SPE. We will now take a look at exactly what an SPE is and in a future post, delve into How to Form an SPE (Part 2).

What is an SPE?

SPEs offer tax, accounting and management advantages to filmmakers. With all that goes into putting together a film for release, simplifying the various processes through the formation of an SPE can be a huge benefit for producers. These companies essentially act as an umbrella – covering all that goes on during the filmmaking process and allowing producers to treat operations as though they were leading companies, rather than shooting movies.

An SPE is essentially a limited liability company. These legal entities are created to accomplish singular objectives, such as production for a film. Additionally, if a producer is working on more than one project at once it is possible to create an SPE, and then establish various subsidiaries for each project.

Filmmakers can simplify accounting, among other complex processes, by forming SPEs.

Why and when do filmmakers form SPEs?

The best time to form an SPE for a filmmaking project is as soon as possible. This means before you accept any investments, acquire any assets or incur any sort of liabilities. Once you’ve formed it, you will be able to establish a clear structure regarding ownership, management and administration. With one of these entities formed, producers can implement bylaws or operating agreements that clearly specify roles, processes, voting rights and other structural necessities.

In addition, SPEs help with the accounting process. Producers and their financial teams can more easily separate essential assets from non-related ones. When numbers get as large as they do in filmmaking, the ability to simplify and streamline accounting processes through an SPE can be a huge advantage.

Benefits of forming an SPE

SPEs offer benefits when it comes to investment as well. It is easier for private investors to fund these entities. They offer the proper structure for the sale of equity investment. This can come in handy for filmmakers who require additional funding to get their projects off the ground.

Finally, as LLCs, SPEs protect their owners. The liability of shareholders, partners and members is limited to the amount invested, while the owners of these entities are protected from claims. This means that in the unfortunate case something goes wrong during filming, the individuals involved don’t risk significant damages.

How to start an SPE

When it comes to film projects, SPEs can prove especially advantageous. From structural confirmation to accounting simplification, there are numerous benefits for producers to exploit through these entities. Our next post will explore how filmmakers can form SPEs for their own projects.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!