As you create a legal entity for your business, you may need more information about the benefits of forming LLC. Forming LLC is an effective way for small business owners or individuals to protect their personal liability, manage their company and reduce taxation. Forming LLC also makes it easier for an entrepreneur to keep up with the necessary legal forms and simplifies day-to-day business operations by following the foundation guide of an LLC, the Operating Agreement.
LLC owners are known as “Members” instead of “Shareholders” because an LLC does not require the issue of stock or holding regular shareholder meetings. The Members of an LLC typically meet during the Annual Members Meeting to determine if the LLC Operating Agreement needs to be altered due to company changes or business growth. The Operating Agreement serves as a guide to managing the company and should include procedures and practices for successful business operation, as set forth by the Members at the time of forming LLC.
Forming LLC instead of incorporating as a corporation or s-corporation can be beneficial for entrepreneurs who seek less compliance requirements and more tax flexibility. Legal requirements of LLC operation are less formal than a corporation or s-corporation in that the LLC owner does not have to write numerous resolutions and company minutes or track shares of stock. An LLC owner is also removed from processing complicated tax information. An LLC’s profits and losses are added onto the personal tax return of the owner(s), much like a sole proprietorship. Unlike a sole proprietorship, however, an LLC offers personal liability protection and allows the building of business credit.
A small business owner or an individual seeking the benefits of a legal entity will still need to follow a certain guide when forming LLC. If the LLC is to be operated by more than one Member, percentage of ownership will need to be determined at the time of formation. It will also need to be determined if the LLC will be Member-Managed or Manager-Managed. Entrepreneurs who want easier management will operate a Member-Managed LLC, in which each Member participes in the daily activities of the business. The Manager-Managed LLC is less common and with day-to-day operations managed by a designated manager or managers (who may or may not be a Member or Members), with the LLC Members usually only involved as investors.
When forming LLC, you will need to determine the state for LLC formation. The majority of LLC formations happen in the in the home state of the owner(s) for the convenience and most cost-efficient formation. Forming LLC in a state such as Nevada, Delaware or Wyoming for the business-friendly climates of these states still requires that an LLC with a physical office elsewhere re-register in that state. For example, an LLC that is formed in Nevada is still required by the the state of Virginia to re-register the LLC as a “foreign corporation” (a company that was not originally formed in Virginia) and you would typically be subject to all the same annual fees and taxes as an in-state company.
Forming LLC provides numerous benefits to the busy entrepreneur who seeks ease of management, less complicated taxation and personal and financial liability protection. An LLC formation can be started online the same day as the LLC order is filed, with official state filing taking anywhere from 3 days to several weeks depending on the state.