Many people have considered creating an LLC or limited liability company, have been put off by the seemingly high complexity involved in such a procedure. Forming a limited liability company is actually quite easy, and this article will show you how to do it.
One excellent way for emerging businesses to make the most out of their entrepreneurial spirit is, however, through the creation of an S-corps, and this process and its formation will also be explained throughout the article.
What is an S Corp?
Whether you have begun a business by your own and are the sole proprietor, or if you have entered into a partnership, you may have considered starting your business through an S Corporation formation.
An S Corporation is one which is handled – with regards to federal tax objectives – as a pass-through group through an agreement within which the Internal Revenue Service or IRS will consider such an entity as an S Corporation.
To elaborate further, an S corporation is formalized within government bodies such as the Articles of Incorporation with the Secretary of State. It will then provide stock, and should be rules with regards to its directors, shareholders, and officers, who will then provide similar services akin to members of a C corporation.
How to Begin your Journey as an LLC
There are a few steps involved in the formulation of an LLC.
1. You need to ensure that the actual business name that you choose is in accordance with the LLC rules of the relevant state.
2. What are known as ‘articles of organization’ – which is the official paperwork – should be formally filed, before paying the relevant fee, which is generally a few hundred dollars, which again highly depends on the state you are in’s rules.
3. Next, it is vital that you formalize an LLC operating agreement, which will establish and distribute the various responsibilities and rights to all members of a particular LLC
4. The final step is that of permits and licenses obtaining – all of the relevant legal paperwork which your specific business will require before coming to life.
The Importance of Choosing the Right Name
As mentioned above, before choosing your LLC’s name, you must ensure that such a name complies with the relevant state LLC division rules. This will generally be fused with the various corporation statutes pertaining to the office of the secretary of state.
Although there aren’t fixed laws when it comes to the different states and their LLC-related laws, there is a general consensus regarding such rules.
Obviously the name of your LLC cannot be the same as that of another file within the office of the LLC.
You need to ensure that whatever name you choose ends with the appropriate LLC designation, such as “Limited Company” or “Limited Liability Company.
Remember that certain words are not allowed to be utilized in the formation limited liability companies, such as Insurance, Bank, City, and corporation. Each state will generally have its own charter of prohibited words.