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
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
What Is Corporate Litigation? A Clear Guide for Businesses post image

What Is Corporate Litigation? A Clear Guide for Businesses

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "What Is Corporate Litigation? A Clear Guide 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!