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Archive for February, 2010

2010-02-09 : Tweets This Week

Tuesday, February 9th, 2010

Hints on LLC Formation

Tuesday, February 9th, 2010

LLC formation can be fast and easy if you know just a few hints to get started. LLC formation is almost a do-it-yourself task, actually, except for the necessary paperwork you need to file with your state and the few formalities you need to follow to make your LLC an official legal entity. Even with those steps, however, LLC formation is simple for those who know what needs to be done from the moment you decide to form an LLC.

An LLC is different from a corporation or s-corporation in that an LLC is less formal and exists as a private entity without stock or shareholders. The owners of an LLC are known as “Members” instead of shareholders and are typically only required to participate in an Annual Members Meeting, versus a corporation that requires regular shareholder and board meetings. LLC Members run the business on a daily basis according to the LLC Operating Agreement, which is the foundation document set forth at the time of LLC formation. The Operating Agreement is a written agreement between Members to follow a set of internal rules and practices for operating the company, and should also include the percentage of ownership allotted to each Member.

If there is only one Member of an LLC, the LLC exists as a 1-Person LLC, and this entity is recognized in all 50 states. Many self-employed individuals will incorporate as an LLC to save money on taxes. An LLC is taxed like a sole proprietorship, with the company’s profits and losses added to the owner’s personal tax return, but LLC formation offers the personal liability protection and business credit that a sole proprietorship does not.

LLC formation can be done in any state, with the home state of the Member(s) usually the most popular choice. You might be given the advice that it’s smart to form an LLC in Delaware, Nevada or Wyoming—states with the most business-friendly laws—but know that to form your LLC in any of these states might result in you spending more money overall during the formation process. Virtually every state requires any LLC formed in another state to re-register as a “foreign corporation” (a company that was not originally formed in the state of its physical location), and this will usually add even more fees and annual taxes to the LLC.

An online incorporation service will help you with your LLC formation by filing your state paperwork, offering guidance and providing advice during the start-up process. The best online incorporation service will also offer helpful services such as a personalized LLC Operating Agreement, Articles of Organization and corporate kits. You should be wary of any service that does not include state fees in their sample pricing. All states require their own filing fee that varies in price, depending on the state, and this should be included in the sample price of LLC formation by an online incorporation service. When your state filing is returned, you and any Members of your LLC will need to adopt your Operating Agreement and file your Articles or Certificate of Organization. After these tasks have been completed, you will be ready for business.

What Are the Advantages of an LLC Company

Sunday, February 7th, 2010

There are numerous advantages to forming an LLC company instead of incorporating as a corporation or s-corporation. An LLC company offers the same liability protection as a corporation entity but offers less taxation, less formalities and easier management for the owner(s). For this reason the LLC company has surpassed the corporation as the leading entity for entrepreneurs looking to protect themselves from business debt, build business credit and put more capital toward the business by saving on tax costs.

LLC owners, known as “Members” instead of shareholders because an LLC company does not require the issue of corporate stock, have the advantage of friendlier taxation in that the LLC’s profits and losses are added to the Member(s) personal tax return. LLC Members also need not worry about their personal credit affecting the business as the LLC company is a separate and private entity with its own distinct credit profile.

An LLC company might be the best structure if there will be multiple owners of the company. The LLC company is operated according to the Operating Agreement, the LLC’s foundation document of rules and procedures that are adopted by the Members at the time of LLC formation. The Operating Agreement serves as the written agreement between LLC owners to resolve disputes and outline a structure to manage the LLC on a day-to-day basis. The LLC Operating Agreement may be modified as the business evolves, after discussion and approval by all Members.

The LLC company is also an option if you would prefer a less formal structure. LLC Members typically are not required to hold regular meetings, and only hold one Annual Members Meeting. LLC Members are also not required to write numerous resolutions and minutes, as the officers/directors of a corporation are required. An LLC also has fewer compliance restrictions such as no U.S. residency requirements and no limit on the number of LLC Members.

An LLC company is also beneficial the self-employed individual seeking personal liability protection, more simplified taxation and business credit. The 1-Person LLC is now recognized in all 50 states and serves as a legal entity separate from the personal interests of the owner. The 1-Person LLC is a great alternative to a sole proprietorship, which does not offer the same personal and financial protection as an LLC company. Members may be added to the 1-Person LLC as the company grows.

Starting a business can be costly, but working with an online incorporation service can help LLC Members free up some of the starting capital by filing the necessary paperwork for you, for nominal fees. Additionally, a good online incorporation service will walk you through all the steps you need to take to successfully get your LLC running. Be cautious of any service that makes big promises for tiny prices. In addition to the service fee, you will always have to pay state fees to set up your LLC—and some online services will try to hide this from you. Choose an online incorporation service that you trust and you will save both time and money while effectively starting your LLC.

This Handy Guide Shows You How to Form an LLC

Thursday, February 4th, 2010

Forming an LLC as your company’s legal business entity can seem like a complicated process, but doesn’t have to be if you know how to form an LLC right from the start. You will save yourself time and money by knowing how to form an LLC before you begin the formation process.

An LLC is the small business owner’s most popular alternative to incorporating as a corporation or s-corporation due to the LLC’s limited compliance requirements and easy management. Many entrepreneurs will learn how to form an LLC for both personal and financial benefits, whether the LLC is operated by one person or works as a partnership between a group of people. Unlike the shareholders of a corporation, the owners of an LLC are called “Members” and do not receive stock or require official titles. The Members of an LLC most typically choose to manage the LLC themselves in what is called a Member-Managed LLC. In a Member-Managed LLC, the Members participate in the day-to-day business operations according to the LLC Operating Agreement, which is an LLC’s foundation document containing all the rules, procedures and practices for running the company.

How to form an LLC company and properly organize it requires that you determine what percentage of ownership will belong to each Member, if you are not the only owner of the LLC. If you are a self-employed individual seeking personal liability protection, more simple taxation and a boost in business creditability, you may also form an LLC. The 1-Person LLC is now recognized in all 50 states and serves as a separate legal entity from the owner’s personal interests, thereby offering a shield from business debt and potential lawsuits.

You can easily form an LLC online to save yourself the confusion of figuring out the formation process on your own or paying much more than necessary to a lawyer or other legal professional that might add their fees onto the necessary LLC filing fees. A good online service will file your state paperwork and guide you through the steps you need to take as you’re learning how to form an LLC. Many online services will assume you know how to form an LLC and will do very little to help you once the official paperwork has been filed, so be sure to find an incorporation service that is thorough and trustworthy.

As you become familiar with how to form an LLC, you will need to choose a state for your LLC formation. It is most common for an owner to form an LLC in their home state to avoid having to pay extra fees for filing in another state. While there may be valid reasons for filing in the business-friendly states of Delaware, Nevada and Wyoming, entrepreneurs should know that virtually every state requires an LLC to re-register in its state of operation as a “foreign corporation” (a company that was not originally formed in the state of its physical location) and that this usually results in additional costs.

Another step of how to form an LLC is to appoint a registered agent. A registered agent is a person or entity that receives official documentation on behalf of the LLC. Your online filing service should be able to assist you in appointing the proper registered agent for your LLC and answering any questions you may have about the purpose of a registered agent.

You May Need Help When Forming LLC

Monday, February 1st, 2010

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.



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