LLC Banking That Survives Scrutiny
Commingled funds are the single most common fact pattern behind pierced LLC veils. Here is how to set up and run entity banking so the separation between you and your LLCs is real, documented, and defensible.
When a court decides whether to pierce an LLC's veil and reach the owner personally, the first place the plaintiff's lawyer looks is the bank records. Commingling — personal and entity funds flowing through the same accounts — is the classic fact pattern in veil-piercing cases, because it is easy to prove and hard to explain away. An LLC whose money is indistinguishable from its owner's money looks like an alter ego, not a separate business. Banking discipline is therefore not an administrative nicety. It is the evidence that your structure is real.
The rule is one account per entity, no exceptions. In a two-layer structure, that means the Wyoming holding LLC has its own account and each property-state LLC has its own account. Rent from a property flows into that property's LLC account. That property's expenses — mortgage, insurance, repairs, property management — are paid from the same account. Management fees flow from property LLCs to the holding LLC under a written management agreement, and distributions flow from the holding LLC to you personally. Every dollar should have a path you can draw on a whiteboard.
Opening the accounts is straightforward once you have the paperwork in order. Banks will typically ask for the articles of organization, the operating agreement, and the entity's EIN. Expect the bank to identify you as the beneficial owner during account opening — federal customer due diligence rules require it, and that disclosure to your bank is not a public record and does not undermine the public-facing privacy of a Wyoming filing. Some investors prefer a single bank for all entities for transfer convenience; others spread accounts across banks. Either works. What matters is that the accounts exist and are used consistently.
The most common failure mode is the casual shortcut: paying a contractor from your personal card because you had it handy, or letting a security deposit land in the wrong account. When it happens — and occasionally it will — fix it visibly. Reimburse the correct entity promptly, label the transaction, and keep a note of what happened. A one-off error that is documented and corrected reads very differently in litigation than a pattern of indifference. What you cannot do is treat all the accounts as one pool of money with different labels.
Fund capital contributions and owner draws formally. When you put money into an LLC, document it as a capital contribution or a member loan, consistent with the operating agreement. When you take money out, document it as a distribution. Undocumented transfers back and forth between personal and entity accounts are commingling with extra steps, and they also create avoidable confusion at tax time. A short paper trail — a dated memo, a line in the entity's records — costs minutes and is exactly the kind of contemporaneous evidence that holds up later.
None of this requires accounting software you will not use or a bookkeeper you do not want. It requires that the LLC's financial life be genuinely separate from yours and that the records show it. A plaintiff's lawyer reviewing two years of clean, consistent bank statements has very little to work with; one reviewing a tangle of personal charges and unlabeled transfers has an argument written for them. Formation gives you the entity. Banking discipline is a large part of what makes the entity worth having when someone finally tests it.
This article is for general educational purposes only and does not constitute legal or tax advice. Reading it does not create an attorney-client relationship with nordtitle.com, NewTech Partners LLC, or their staff. Laws vary by jurisdiction, consult a licensed attorney or tax professional for advice specific to your situation.
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