How to Start a Holding Company (2024)

Holding companies are designed to acquire equity in other companies. However, this is not the same as buying stock in another company. Equity ownership refers to ownership in a company even if that company does not issue stock. For example, joining two other partners in the ownership of a company makes you an equity owner, regardless of whether or not stock is issued.

Stock owners are a type of equity owner. While holding companies can own assets that include stock, there are other types of equity, such as hedge funds, real estate and song rights. Holding companies deal with the ownership of almost anything of value in a business.

Why Create a Holding Company?

The main reasons that business owners consider creating a holding company are to protect assets, reap tax benefits and have control or influence over other companies.

Businesses owned entirely by holding companies can all be filed under the same tax return, saving time and money. The value of the holding company itself rises if the value of the stocks it owns in various businesses goes up. By having certain levels of equity in a business, the holding company can help dictate its direction and operations.

A holding company maintains equity in an operating company, but if the holding company does not co-sign onto the operating company’s debt, it is not responsible for that debt. This can shield assets from creditors. Assets are held by the holding company, which also helps shield those assets from lawsuits and debt liabilities. The holding company is only at risk of declines in worth and capital.

Evaluate Your Needs

Because the value of a holding company lies in protecting assets and influencing other businesses, there are only specific instances in which it is worth it to create a holding company. If you want to do so, begin by evaluating your current business needs.

If you are concerned about asset protection, for example, a holding company may be of value. However, holding companies are often created for potential tax benefits. You can create an operating company and a holding company, both of which are different legal bodies, and shield the holding company from the debt of the operating company.

Register Your Company

To create your holding company, you register it in a state and provide your business name, articles of incorporation and the name of the business agent managing the operating and holding company. If you so choose, you can be the agent for both the operating and holding company.

Your articles of incorporation outline the purpose of your company, list its officers and specify the method by which business-related decisions will be made. You also need to create a bank account that is unique and specific to your holding company. The operating and holding companies must use separate bank accounts and keep track of their bank records separately.

Deposit Your Assets

The wealth that your company generates is deposited with the holding company, rather than the operating company. This money can then be lent to the operating company as needed. If your operating company is already in existence at the time that you started your holding company, you can sell your operating company’s assets to the holding company to protect them.

To grow and diversify the portfolio of your holding company, you may end up choosing to invest in or acquire tangible or intangible equity in other businesses as opportunities arise.

How to Start a Holding Company (2024)

FAQs

How do I start a holding company from scratch? ›

How do you start a holding company? The process for starting a holding company is the same as the process for starting any business in your state. You'll need to name the company, file articles of organization, set up a separate bank account, pay fees, and meet any other state requirements for starting a business.

How hard is it to start a holding company? ›

Starting a holding company is as straightforward as starting any LLC or corporation, but to structure it effectively and fully transfer the ownership of business assets from the subsidiaries to their parent company, you'll need comprehensive legal guidance from experts in tax law.

How should I structure my holding company? ›

A business owner can structure a holding company in several different ways. Holding company examples include a parent company, a conglomerate, a corporation, a limited liability corporation (LLC), or even a partnership.

Can one person start a holding company? ›

Anyone can form a holding company to control their business assets. However, those who own multiple businesses will often find this structure even more beneficial than those with a single venture. This is because multiple businesses increase the potential for liability and losses.

Can a holding company have income? ›

Often holding companies will earn investment income. This means that the tax rate applied can be significantly higher than an operating company.

How does a holding company pay its owners? ›

Dividends from Subsidiaries

As the major shareholder, a holding company will receive dividends from the subsidiary companies it owns. In some cases, they may regularly take excess capital from subsidiaries.

Do holding companies pay taxes? ›

In most cases, the parent company stays in control by being the only shareholder or by creating subsidiary bylaws. Since the two companies are separate, each pays its own taxes on its own income.

Do I need an EIN for a holding company? ›

All corporations must have a federal tax ID number to do business, and there are only rare situations (a holding company that does not pay tax of any kind) where an LLC wouldn't need an EIN. Your tax ID number will be required to fill out payroll reports, pay taxes, open a business checking account, etc.

What is the best state to create a holding company? ›

A Wyoming holding company is an LLC or Corporation which has been formed in Wyoming and is meant to hold a variety of assets from others companies to bonds and real estate. The best state for an individual to establish a holding company is Wyoming, and the best state for a Fortune 500 company is Delaware.

What are the legal requirements of a holding company? ›

Section 2(46) of the Companies Act, 2013 defines Holding Company. The company is said to be the holding company if that particular company holds/owns at least 50% of the other companies and has the authority to make management decisions, influences and controls the company's board of directors.

Can anyone have a holding company? ›

A holding company can be set up in exactly the same way as any other private company limited by shares. It must be legally incorporated at Companies House and adhere to strict statutory filing requirements.

Should you create an LLC holding company? ›

Benefits of LLCs as a Holding Company

The operating company can shield its sole member from limited liability. The holding company can be protected from torts that occur as a result of the employees of the operating company. The holding company members will also enjoy the protection of limited liability.

What can a holding company own? ›

Holding companies may own assets other than shares in another company. For instance, they may own intellectual property such as trademarks, copyrights, patents, real estate and mineral rights. A large corporation may set up separate subsidiaries for each of these.

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