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Takes

Insight + analysis on indie film legal issues

PPM

January 23, 2023 by DeepFocus Law

Private Placement Memorandum
Please enter the name of the production company that will produce the film.
Company Formation
Has the production company been formed?
When was the production company formed?
In what state was the production company formed?
Business Address
Business Address
City
State
Zip
Investor Contact
Investor Contact
First
Last
Please list the corporate title of the person who will represent the production company to investors (President, CEO, Managing Member, etc.)

Management Bios

Please add short bios for each member of the production company management team.
Manager Name
Manager Name
First
Last
Add Remove

Investment Offering

Financing Purpose
Please list the minimum dollar amount that must be raised to fund the film budget.
Please list the maximum dollar amount that could be raised before the offering is closed.
Please list the the minimum dollar amount required to participate in the offering.
Please list the date when the offering will open to investors.
Please list the date when the offering will close to investors unless extended.
Please select each of the states in which a prospective investor resides. Use the command or control key to select multiple options.
What percentage of revenue will an investor (other than the Class A founding members) receive after repayment of the initial investment?
What percentage will the Class A founding members receive of remaining revenue after the Class B investors recoup their initial investments?
What percentage will the Class B members receive of remaining revenue after they recoup their initial investments?

Project

Project
Media
Media

Screenplay

Author Name
Author Name
First
Last
Writer Fee
Please indicate whether the author will receive a writer’s fee to be paid out of the film budget.
Please indicate the amount of the writer’s fee.
Please indicate the present estimated film budget.
Rating Intended
Screenplay Option
Please indicate whether the production company will require an option/purchase agreement to acquire film rights in the screenplay.
Please indicate the amount of the option fee.

Screenplay

Author Name
Author Name
First
Last
Writer Fee
Please indicate whether the author will receive a writer’s fee to be paid out of the film budget.
Please indicate the amount of the writer’s fee.
Please indicate the present estimated film budget.
Rating Intended
Screenplay Option
Please indicate whether the production company will require an option/purchase agreement to acquire film rights in the screenplay.
Please indicate the amount of the option fee.
Add Remove

Single-Member LLC

February 17, 2022 by DeepFocus Law

Start Your Production Company

Start Your Production Company

Use this form to set up a new production company as a single-member limited liability company (California or Oregon only). Need to set up an entity with multiple members for a specific entertainment project? Schedule a free attorney consultation.

Company Information

The name chosen must be available in the state where the business is being formed and must be followed by "Limited Liability Company" or "LLC". Please note that once filed, the business name cannot be changed without a new filing and related filing fees.
Duration
Please indicate either the date or the event that will trigger dissolution of the company. For example, the delivery of a final film for distribution.
Business in other states
Please indicate whether the company will conduct regular business in another state.
Registered Agent
All LLCs must appoint a registered agent to receive any legal process served on the company. A business may act as its own registered agent or appoint a third party to do so (fees may be required). Please choose how you prefer to appoint a registered agent.
Taxation
A single-member LLC is treated as a “disregarded entity” for federal tax purposes unless it elects to be taxed as an S corporation. S corporation status may support savings on self-employment taxes, but an LLC taxed as as S corporation must file its own annual income tax return. DeepFocus Law suggests choosing disregarded entity taxation unless the LLC expects to earn sufficient income to pay its member reasonable compensation within the first 12 months after being set up.

S Corporation election information

Member Information

Gender pronouns
Marital status

Limited Liability Company Operations

Company management
Please indicate whether the company will appoint the member or someone else as its manager for handling day-to-day business. Unless circumstances suggest that a separate manager may be advisable, DeepFocus Law typically recommends that the business be member managed.
Manager gender pronouns

Capital Contribution

Type of contribution
In exchange for membership in the company, an initial capital contribution should be made. Inadequate capitalization is a significant risk factor that could allow a business creditor to reach personal assets. Contributions may be in the form of money, property, services, a promise to make such contributions in the future, or some combination of the above.
A contribution of property may have potential tax consequences based on the difference between the property's value when contributed and when acquired. Please indicate the current dollar value of the property if purchased at a fair market price.
Please indicate the cost paid for the property when it was acquired. If inherited or received as a gift, please indicate the value as of the date inherited or received.
Please describe the services contributed. Do not include services to be performed as part of the company's ongoing business but only services resulting in something of value before the company's organization. For example, intellectual property developed before the company began, market surveys, etc.
Please indicate the value of the services in the approximate amount that would have been paid to you for performing them as an employee.

New Client Information

April 4, 2021 by DeepFocus Law

New Client Information

Personal Information

Business Information

Project Information