Why should I go for LLC ? Limited Liability Company is a business structure that gives a company with limited liability (similar to a corporation), but it is easier to set up and operate. It also allows the firm to treat its income as if it were a single proprietorship or a partnership for tax reasons.

How Do I Form an LLC?

When opposed to forming a corporation, forming an LLC is a very simple process. It’s actually a multi-step procedure that goes like this:

Choose a company name

There are two considerations here. The first is to select a name that does not already exist as an LLC in your jurisdiction. Your state will inform you if the name you select is appropriate.

 

The second factor to consider is that your business name must adhere to state requirements regarding LLC names. In general, this implies that the words “LLC” or “limited liability company” must appear in the name of your corporation. Other restrictions may apply depending on the state in which you are intending to create your LLC.

Create and file Articles of Organization

The name of this document may alter somewhat from one state to the next, but it is the fundamental document that forms your LLC. The item can be pretty simple—in fact, your state may have a standard form that you can fill out. The information needed will be straightforward and basic, such as the name and address of your LLC, as well as the names of the business’s owners. In certain circumstances, each owner must sign the document, while in others, a single owner might be designated to sign alone.

Select a Registered Agent.

Most states require that the LLC’s registered agent be one person. The registered agent is the individual assigned to receive any legal papers connected to a lawsuit on behalf of the LLC. A registered agent is usually one of the LLC’s proprietors.

Payment of the necessary fees

The amount necessary to register your LLC will be determined by the state in which you reside. It can range from $100 to several hundred dollars in different areas.

Publication of a notice of intent to form an LLC

This is only required in a few states. Your state may require you to post a legal notice stating you intend to incorporate an LLC in a local newspaper. The newspaper staff should be able to help you create this notice.

You may be needed to post the notice numerous times over the course of several weeks or months, following which you must file an affidavit of publication with the state.

If you need to start your LLC as soon as possible, releasing this sort of announcement may cause a delay. Check with your state to determine if this is a requirement, and if it is, give yourself plenty of time to satisfy it.

Create an Operating Agreement for your LLC.

This is most likely the most difficult aspect of forming an LLC, but the good news is that the paperwork is not always required to be submitted with the state. Nonetheless, you should draft an operating agreement for your LLC to avoid future issues.

Even this document can be very basic and does not always need to be produced by an attorney (though it is always a good idea in the event of an LLC with many owners).

The operating agreement’s goal is to clear out each LLC owner’s rights and obligations. It is quite similar to company bylaws or partnership agreements in that they are primarily meant to give a structure for dealing with disagreements or the transfer of ownership between current and new partners.

Owners’ rights and obligations, voting power, percentage interests in the firm (including profit and loss distribution), and the scheduling of owners meetings should all be addressed in the operating agreement. An extremely complex operating agreement may even include managerial duties shared by many owners.

The agreement can be as thorough as you need it to be, but it is required if there is a possibility of conflict amongst owners about the ownership or management of the LLC.

You may usually obtain them via state agencies or by conducting a broad web search (only make sure they are unique to your state). In the event that nothing else works, you may always go to LegalZoom.com or one of their rivals for low-cost pro forma legal paperwork.

What are the advantages of forming an LLC for a small business?

The most apparent benefit of creating an LLC is that it protects your personal assets by restricting your responsibility to the resources of the firm itself.

In most situations, the LLC will shield your personal assets from claims made against the company, including litigation. This allows small business owners, such as sole proprietorships and partnerships, to get limited liability protection comparable to that provided by corporations, but without the cost and complexity that corporations entail. For example, if you form an LLC, you will not be required to submit a separate tax return for your company.

Your revenue and expenses will continue to be recorded on Schedule C for sole proprietorships and Schedule E for partnerships on your individual income tax return. There is also a tax advantage to forming an LLC. This is especially true for “C companies,” which the IRS recognises as separate entities.

Taxes on net income must first be paid to a company before the income is given to the owner, who is taxed again at the individual level. This is known as double taxation, which an LLC may completely avoid. (You may also avoid it by forming a Subchapter S corporation, but this requires a more complicated setup as well as continuing compliance and filing obligations.) Another advantage is a soft one: including “LLC” or “Limited Liability Company” in your business name might make your company appear more professional. It signifies that the company has been registered with the state and is more significant as a legal entity.

If you own a small business, whether a single proprietorship or a partnership, you should seriously consider forming an LLC. This will allow you to obtain crucial legal protection for your personal assets without interfering with your company’s administration and income flow.