Creating an LLC is a great way to separate your personal assets from the business, making it easier to establish business credit and grow your profits. But, as with any legal process, there are a few things you should know before you go through with it.
First, you’ll need to file the paperwork with your state. This can be done online or by mail.
Articles of organization
An llc’s articles of organization are the initial statements necessary to form an LLC in many states. Once filed and approved by the secretary of state or another company registrar, these documents legally create your LLC as a business entity within that particular state.
These legal documents lay out the basic information needed to set up your llc, including the name and address of your company, its purpose, day-to-day operations, and the type of business it operates. In most states, this information is already included on a pre-printed article of organization form, preventing you from having to write a document from scratch.
Depending on the state, your articles of organization may also include information about your company’s members or managers. You’ll also need to provide the name and address of a registered agent, which is the person or service authorized to receive legal documents on behalf of the LLC.
Filing your articles of organization is not a difficult process, but it’s best to get assistance from a business lawyer who knows the ins and outs of this legal paperwork. They’ll help you avoid mistakes that can cost your company money in the future and ruin your reputation.
Registered Agent
When you set up your LLC, the state requires that you designate a registered agent to receive service of process. This includes legal, tax and other official mail for your business.
It is also important to keep your registered agent’s address up to date with the state. Changes to an agent’s address can require a certificate of correction.
Typically, it’s best to use a commercial service to serve as your registered agent. They will receive your documents, forward them to you and notify you of any time-sensitive deadlines.
In addition, they will also scan any received documents so that you can easily access them online. This saves you the hassle of constantly checking your mailbox and allows you to focus on running your business.
Having a registered agent will help your LLC stay organized and up to date with its state and federal filings. It will also help you avoid any embarrassing situations, such as being served with a lawsuit in front of your clients.
Operating Agreement
An operating agreement is a key document that outlines how your LLC will operate. It helps you avoid needless misunderstandings or conflicts in the future.
In the operating agreement, you should include details about who will run the business and how decisions will be made. This includes whether the company will be manager-managed or member-managed, how members will be voted into office and what their responsibilities are.
How much ownership interest each member has in the business should also be outlined. This may be based on money, property or other resources the member contributed to the business.
In the event that a member leaves the business, the operating agreement must include a way for remaining members to purchase that person’s interest. This can be a right of first refusal, or it could also be a way for the remaining members to sell the person’s interests to a third party.
Taxes
When creating an LLC, you’ll need to decide on the tax structure for your company. You can either elect to be taxed as a corporation, or you can choose to treat your LLC as a pass-through entity for federal income tax purposes.
Choosing which taxing scheme is best for your business depends on several factors, including how much profit your business will generate and how much tax you plan to pay. Consulting with a tax professional can help you make the right decision.
Typically, an LLC is treated as a pass-through entity for federal and state income taxes. This means that the profits generated by your business will be reported on Form 1040, Schedule C, with you paying taxes on your share of the profit on your personal income tax return.
