An attorney can advise you as to how to form an LLC to incorporate your business and protect your assets.
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A Limited Liability Company (LLC) combines the business attributes of a partnership and a corporation. An LLC offers the legal protection of personal assets, and requires far less paperwork and fees than the formation of other business entities. Rules for forming an LLC vary by state.
To form an LLC, articles of organization have to be filed with the secretary of state's office. The form usually asks basic questions such as the name of the LLC and its members, and contact information. The required filing fee varies by state, and usually range from $100 to $800.
Business names must comply with state rules. The name cannot be the same as another name filed with the secretary of state's office, and must end with an LLC designator. Certain words cannot be used as part of the name. The state's office can tell you whether a name is available, and in most cases you are able to reserve a name for a small fee.
The articles of organization is a simple document that you can usually prepare without legal assistance. It only takes a matter of minutes to fill in the blanks and check the appropriate boxes. The form typically asks for the LLC name, the associated address, and in some cases the name of the owners. All of the owners can sign the articles of organization, or designate a single person to prepare and sign them. You will also need to designate a registered agent-usually one of the members. This person will be responsible for receiving legal papers of any future lawsuit, or other legal documents.
Operating agreements are not required for filing articles of organization, but it is important that you create one. There is no certain requirement of what is needed in operating agreements, but typically they set out the rules for ownership and operation of the LLC. Other information included in the operating agreement is ownership percentages, the rights and responsibilities of the members, rules for holding meetings and voting, and other pertinent information.
Other state licenses may be required to do business after the LLC is formed. You should check your state laws for required licenses for your industry. Forming an LLC is a relatively easy process. It does not require a lawyer, but it is a good idea to have one look over the forms before submitting them.
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