What is an Investment Club
An investment club is a group of people who pool their money to make investments. Usually, investment clubs are organized as partnerships and after the members study different investments, the group decides to buy or sell based on a majority vote of the members. Club meetings may be educational and each member may actively participate in investment decisions.
Breaking Down Investment Club
The advantages to investment clubs are that they are the easiest and most economical entities to form, operate and maintain, while the club's income and losses are passed through to its partners and are reported on their individual tax returns. Investment clubs are also a terrific way to learn, make valuable contacts, and meet people interested in the same topics. Some clubs have made fortunes for their members. Investment clubs may be created by amateurs or professionals, and may invest or specialize in a variety of assets, or provide funding as incubators.
The SEC defines investment clubs as "generally a group of people who pool their money to invest together. Club members generally study different investments and then make investment decisions together — for example, the group might buy or sell based on a member vote. Club meetings may be educational, and each member may actively help make investment decisions." For more, visit the SEC's Investment Club Investor Publication.
The IRS describes investment clubs thusly: "An investment club is formed when a group of friends, neighbors, business associates, or others pool their money to invest in stock or other securities. The club may or may not have a written agreement, a charter, or bylaws." It goes on to say that investment clubs tend to operate informally, with dues paid regularly (such as monthly). Some clubs employ committees that recommend investments while others involve each member in the process. Clubs subject any actions to a vote by membership. For more, see IRS Publication 550 chapter on Investment Clubs.
Investment Club: How to Start One
When setting up an investment club the following steps are recommended:
- Organize membership: Be sure to find candidates that want to actively participate. Consider utilizing an entry fee and a monthly membership fee to weed out the unengaged. Members should be trustworthy, open to performing research and able to afford such activity.
- Choose an organizational structure: Who will lead the club and how will they be selected and succeeded? How often will it meet? What are its rules? How will records be kept?
- Choose a legal structure: The most common structure is a partnership. This is important because a brokerage account cannot be opened without a legal structure. The club will need to get an Employer Identification Number (EIN) from the Internal Revenue Service (IRS).
- Decide on goals and objectives, and create an operational plan on how to achieve them. This should be a group effort to build a consensus.
Investment Club: Taxation and Regulation
In general, investment clubs are unregulated. In United States, the U.S. Securities and Exchange Commission (SEC) requires any entity with more that $25 million to register under the Investment Advisers Act of 1940. Individual states may require registration but generally they do not have to if they have a small number of clients or participants. For more, see Investment Clubs and the SEC. In the United Kingdom, investment clubs are considered unincorporated associations and are not regulated or taxed as corporations. In each case individual members are responsible for reporting gains and losses on their individual tax returns. In the U.S., income earned by investment club members is treated as partnership pass-through income. As such, members are required to file a Form 1065 and a Schedule K-1 each year. In the U.K., investment club members are required to file Form 185 Capital Gains Tax: investment club certificate.