HOW TO FORM AN LLC - CAMERON E. WHITE

What is an LLC?

A Limited Liability Company, or LLC, is a type of business structure in the United States that combines the benefits of a corporation and a sole proprietorship or partnership. It’s designed to make starting and running a business easier while also protecting the personal assets of the business owner(s). Think of it as creating a separate “legal person” for your business, which can have its own bank accounts, debts, and responsibilities.

Step 1: Choose a Unique Name for Your LLC

Your LLC’s name must comply with state naming requirements. It should be distinguishable from other registered businesses and include terms like “LLC” or “Limited Liability Company.”
Conduct a name search in your state’s business registry to ensure availability.
Consider registering your business name as a trademark for additional protection.

Step 2: Designate a Registered Agent

Ensure the registered agent’s address is a physical location (not a P.O. box).
A registered agent is responsible for receiving legal documents and official correspondence on behalf of your LLC.
The agent can be yourself, an individual or a company authorized to operate in your state.

Step 3: File Articles of Organization

Pay the state filing fee, which varies by jurisdiction, typically ranging from $50 to $500.
Submit the Articles of Organization (or Certificate of Formation) to the appropriate state agency, typically the Secretary of State.
Include key details such as your LLC’s name, registered agent’s information, and business address.

Step 4: Create an Operating Agreement

Include details on profit sharing, voting rights, and member responsibilities.
Though not always mandatory, an Operating Agreement outlines the ownership structure, roles, and operational procedures of your LLC.
It helps prevent disputes among members and provides clarity on decision-making processes.

Step 5: Obtain an Employer Identification Number (EIN)

Sole-member LLCs without employees may use the owner’s Social Security Number instead, but an EIN is recommended.
Apply for an EIN through the IRS, either online or by mail.
An EIN is required for opening a business bank account, hiring employees, and filing taxes.

Step 6: Fulfill State and Local Requirements

Register for applicable state taxes, such as sales tax or franchise tax.
Research state-specific licensing, permits, and zoning regulations applicable to your industry.
Depending on your state, you may need to publish a notice of LLC formation in a local newspaper.

Step 7: Open a Business Bank Account

Consider applying for a business credit card to manage expenses efficiently.
Separate your personal and business finances by opening a dedicated business bank account.
Provide your EIN, Articles of Organization, and Operating Agreement when setting up the account.

Step 8: Maintain Compliance

Stay compliant with tax filings, renew licenses, and meet ongoing legal obligations.
File annual or biennial reports as required by your state.
Keep your registered agent’s information and business records up to date.

Step 9: Consider Professional Assistance

Additionally, they can provide guidance on ongoing legal and financial matters, helping your business thrive long after formation.
Forming an LLC can be a complex process, especially when dealing with unique state regulations or industry-specific requirements. Hiring a business attorney or a formation service can simplify the process.
Professionals can ensure that all paperwork is correctly completed, deadlines are met, and your LLC is fully compliant with state and federal laws.

Benefits of Forming an LLC

Limited Liability Protection: Safeguards personal assets from business liabilities.
Tax Flexibility: Offers options for pass-through taxation or corporate tax status.
Operational Simplicity: Fewer formalities compared to corporations.
Credibility: Enhances your business’s professional image.

By following these general steps, you can establish a solid foundation for your LLC, ensuring legal compliance and operational success.