The application required for incorporating as a Limited Liability Company (LLC) is called the Articles of Incorporation (also referred to as a Certificate of Incorporation). This document contains basic information about the company, its owners, and its directors. Depending on your state of incorporation, there may also be state-level fees or taxes that must be paid.
In the United States, a limited liability company is a business entity type that combines the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation, creating the best of both worlds for business owners. LLCs have rapidly become one of the most popular business structures for new and small businesses, largely because they are considered to be simpler and more flexible than a corporation.
Some businesses are prevented from forming an LLC, however. Typically financial companies such as banks, financial trust companies and insurance agencies can't file as an LLC. LLCs are sometimes limited for industries in certain states, too. For example, if you live in California, you can't form an LLC if you're an architect, accountant or licensed health care provider. Check out our LLC information by state for more details on your state.
Your name must be unique, and not deceptively similar, to any other trademarked name or business. It is also required that your name not be used to intentionally misrepresent the products or services you offer. For LLCs, nearly all states will also require you to add a signifier of your limited liability status, such as "LLC" or "L.L.C." to the end of your company's name. You may be able to operate under a name other than your formal LLC name by applying for and using a dba.
Check to see if your chosen name is available. Before you submit the Articles of Organization, you should check to see if your chosen name is available/acceptable under state law. You can do this by conducting an online search for business names that are already registered with the Department of Financial Institutions using the database provided.[4]
Childproofing is a trade that many do not think of these days. But every family with a newborn baby or small child wants to provide a safe home for them. There are so many areas of a home that can be dangerous, from sharp corners to stairs. A childproofing business is very cheap to start up, but you may be required to follow certain state regulations, depending on your location. To understand all the ins and outs of the industry, you may want to undertake an internship in the field before setting up shop.
Versatile Tax Status One of the most advantageous aspects of the LLC is that it has the ability to choose how it is treated as a taxable entity. According to the IRS an LLC is, by default, federally taxed as a partnership (in the case of a multi-member LLC) or as a sole proprietor (in the case of a single member LLC). The LLC, however, may elect to be taxed as a C- or S-corporation at any time the members so choose.
An attorney is typically not required when starting a business. A business filing service such as Swyft Filings can help you streamline the formation process, and save you a great deal of time, effort, and money. However, if you are unsure of which business structure may be right for you, or you have questions regarding specific tax or organizational issues, it may be advisable to speak with an attorney or accountant before starting a new business.
Minimal Compliance Requirements LLCs are subject to limited state mandated annual filing requirements and ongoing formalities. While corporations are typically required to have at least an annual meeting of directors and shareholders (and initial meeting of the same), adopt bylaws, and keep minutes of all meetings and all formal corporate resolutions, an LLC is not required to do any of those things (see the explanation of an operating agreement, above). The LLC members may have whatever meetings they wish and may document any such things as they wish, however they are not required to do so.
To keep your business legally viable after you incorporate, there are a number of steps you may need to follow. You may need to file an Article of Amendment to indicate changes in your company. You also may need to file an Initial or Annual Report, which is a requirement in most states. Our business filing experts can help you process necessary changes to your business.
Indicate your LLC's initial registered agent and registered office. State law requires your LLC to have a registered agent and a registered office in Wisconsin on whom legal process can be served and to whom official documents can be sent. Your registered agent must be located at the registered office, which must be in Wisconsin and represent the physical business address of your registered agent.[8]
To keep your business legally viable after you incorporate, there are a number of steps you may need to follow. You may need to file an Article of Amendment to indicate changes in your company. You also may need to file an Initial or Annual Report, which is a requirement in most states. Our business filing experts can help you process necessary changes to your business.
In a few states, you must take an additional step to make your company official: You must publish a simple notice in a local newspaper, stating that you intend to form an LLC. You are required to publish the notice several times over a period of weeks and then submit an "affidavit of publication" to the LLC filing office. Your local newspaper should be able to help you with this filing.
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The businesses registered with the State of Utah are either located in Utah or doing business in Utah as a: Business Trust, Collection Agency, Corporation (For Profit and Non Profit), Professional Corporation, Doing Business As - DBA, Limited Liability Company - LLC, Limited Liability Partnership - LLP, Limited Partnerships - LP, Limited Cooperative Associations - LCA
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