Forming an LLC: The Basics
Many people are afraid of taking the necessary steps towards forming a limited liability company (LLC), fearing that it could be the most difficult and complicated task they will ever have to perform for their small business. However, you can go about forming an LLC by taking just five easy steps:
Your LLC's Name
In order to properly name your LLC, you must be in compliance with the rules of your state that govern the names of LLCs. You can most likely find out this information by contacting the office in the state government that controls LLCs and corporations. Even though the specifics of these laws may change from state to state, in general:
Be careful not to infringe on the trademarks of other companies. For example, if a pre-existing company had the name "Beez Kneez" trademarked, and you named your company "Bee's Knees," you may be in violation of their trademark.
Articles of Organization
Next you'll prepare and file the "Articles of Organization" that will be associated with your LLC. These documents often go by different names, such as "Certificate of Formation" or "Certificate of Organization" depending upon the nomenclature that your state uses.
Filing Fees for Articles of Organization
In general, you should expect to pay around $100 in order to file you Articles of Organization, although some states can charge much more.
Information that Is Required
Many business owners prepare their own Articles of Organization simply by filing out a few blank spaces and checking the appropriate boxes in cut and dry forms provided by the state government. Generally, the articles will include the LLC's name, address, the names of all of the owners, and a few other points of information. In addition, all of the members of the LLC may prepare and sign the articles, or they can simply appoint one of the members to do it.
You will probably also have to designate a registered agent for your LLC when forming your LLC. Once a person has been registered as the agent of process for an LLC, that is the person that will have legal authority to receive all legal papers (such as a summons or legal complaint) that your LLC may get in the future.
Although it may not be required by your state that you file an operating agreement for your LLC (most states do not require it), you should still, nevertheless, create one. The operating agreement for an LLC will set out the rules and regulations for both ownership and operation of the business and is one of the key documents that will significantly help in the long run. Generally, operating agreements will include:
Some states require that an LLC take another step to make the business official, namely that the members must publish a notice to the public in a local newspaper of their intent to form an LLC.
Permits and Licenses
By completing all of the above steps, your LLC will be officially registered with your state government. Depending upon the type of business that you intend your LLC to be involved with, however, you may still have to obtain various permits and licenses in order to go into business. These may include a business license, a federal employer identification number, zoning permits and sellers' permits (if you intend to sell a good).
Get Legal Help Forming an LLC
An LLC is intended to limit the owner's liability, but in order to serve this purpose you'll need to be sure that you're complying with all the relevant laws and regulations. Speak with a local business organizations attorney to ensure that you're in compliance with all relevant laws when forming your business as an LLC.