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
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"

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!