LLC FAQ's, Incorporate, incorporate business, llc, llc formation, LegalFilings (2024)

Find the answers to commonly asked questions about the LLC formation process and information required:

What is a Limited Liability Company?

What filings (papers) are required to form an LLC?

Is an attorney required to form an LLC?

How many persons are needed to form an LLC?

How is the ownership of an LLC evidenced?

What is the ownership structure of an LLC?

What are the differences between an LLC and an S corporation?

What is a Limited Liability Company?

Limited Liability Companies are a relatively new business form in the United States, though they have a long-standing history in Europe. LLCs were first formed in the United States in 1977 and were granted pass-thru tax status by the Internal Revenue Service in 1988. As a result, LLCs can elect to be taxed like partnerships, only at the individual level when profits are paid as dividends. This yields a considerable advantage over C corporations, which are subject to double-taxation: once at the corporate level, and again at the individual level when profits are paid as dividends to the shareholders.

Similar to corporations, LLCs shield personal assets from business debt. However, note that LLCs have a limited life of about 30 years, depending on the state, and do not have stock (and thus do not get the benefit of stock ownership and sales). Currently, all 50 states recognize the LLC business form. LegalFilings can set up an LLC for you. All you have to do is provide us with the necessary information on your order form, and we will take care of the rest.

What filings (papers) are required to form an LLC?

Articles of Organization have to be prepared and filed to create an LLC, along with state filing fees and other initial fees.

Is an attorney required to form an LLC?

No. An attorney is not required for the formation of an LLC. LegalFilings can form an LLC for you and save you the time and money involved in using an attorney. However, if you are unsure about what business form is right for you, it is advisable to consult your attorney.

How many persons are needed to form an LLC?

Several of the states require only one person to form an LLC. However, many states require a minimum of two.

How is the ownership of an LLC evidenced?

An LLC issues certificates indicating the particular holder's percentage of ownership in the business.

What is the ownership structure of an LLC?

LLC owners are called "members." A member's interest in an LLC is represented by "interest" certificates. An LLC can be managed by its members, with each having a say equal to their percentage of ownership (unless the members hire managers to operate the business).

What are the differences between an LLC and an S corporation?

S corporations have restrictions that are not applied to LLCs. For example, S corporations are limited to 75 shareholders, while the number of LLC members is not subject to this restriction. Additionally, LLCs cannot issue stock, but rather, they offer "memberships." S corporations, on the other hand, issue stock and are owned by the shareholders. S corporations are managed by the directors and officers, while LLCs are managed directly by the members unless they hire managers. Furthermore, while S corporations have an unlimited life span, LLCs have limited lives (in most cases, around 30 years).

LLC FAQ's, Incorporate, incorporate business, llc, llc formation, LegalFilings (2024)

FAQs

What are the disadvantages of forming an LLC? ›

Disadvantages of creating an LLC
  • Cost: An LLC usually costs more to form and maintain than a sole proprietorship or general partnership. States charge an initial formation fee. ...
  • Transferable ownership. Ownership in an LLC is often harder to transfer than with a corporation. ...
  • Compliance obligations.

Does it make sense to have multiple LLCs? ›

It's not actually unusual to have multiple LLCs, either as a sole owner or as one of a group of owners, or "members," as they are called in an LLC. Owning more than one LLC may make sense if: Separate businesses. If you have two separate businesses, two LLCs can minimize your risk if one business fails.

How is LLC properly written? ›

You can include “LLC” in your legal business name in any way that makes the company's structure clear, including “Limited,” “Ltd.,” “LLC,” “L.L.C.,” “Limited Liability Company,” “Limited Liability Co.” and more.

Is LLC good for startups? ›

If maintaining a less formal, more flexible management structure is important for your startup, an LLC may be a good choice. Tax considerations: An LLC is a pass-through entity, meaning profits are passed through to the owners' personal income without incurring corporate taxes.

What are three things that LLCs are not required to do? ›

LLCs are not required to do three things: hold annual meetings, keep minutes, or file written resolutions. When it comes to operating flexibility, Limited Liability Companies (LLCs) enjoy certain advantages over other business structures.

Are LLCs bad for taxes? ›

The good news is that your LLC doesn't pay taxes or file federal tax returns. Instead, you report the income you earn or the losses you incur from your LLC on your personal tax return (IRS Form 1040). If you earn a profit from your LLC, that money is added to any other income that you've earned.

Should I put multiple businesses under one LLC? ›

However, just because it's permissible and possible to operate multiple businesses under one LLC or corporation doesn't mean you should, as there can be downsides. For example, if a lawsuit is filed against any one of the businesses, the assets of the others could be at stake.

How many LLCs can one person have in the USA? ›

You can own as many LLCs as you want, but you'll have to pay to form and maintain each one. Many entrepreneurs choose to own several LLCs to grow their brands because of the layered liability protection and new business tax incentives. If you're not sure where to start, keep reading.

How many business can be under one LLC? ›

Yes, in most instances you can operate more than one business under an LLC by either forming multiple DBAs, creating a series LLC or otherwise legally separating assets within your LLC.

Why do investors not like LLCs? ›

One is because an LLC is taxed as a partnership (pass-through taxation) and will complicate an investor's personal tax situation. By becoming a member of the LLC to invest in it, the investor will be taxed on the LLC's profits even if receiving no cash distribution personally.

Can you raise money as an LLC? ›

However, raising or obtaining external capital for LLCs can be done through the offer of equity or debt. An individual or entity has LLC equity when they buy an ownership percentage of the company, which entitles them to a certain amount of the profits, and thus they can contribute to decision-making.

Should I start an LLC for my side hustle? ›

Taylor says that while there are costs associated with business formation, it's always worth it in the long run. "Starting a business takes money. You'll be spending money on software, marketing materials — all kinds of things. An LLC will allow you to write those expenses off — and save money on taxes."

Why do LLCs fail? ›

According to SCORE, 82% of small businesses fail due to cash flow problems. Cash flow is a blanket term that has many underlying roots. Cash flow is simply a metric that indicates how money is coming in and being spent at your business.

Why is LLC better for small business? ›

Because an LLC is a separate entity, the owners of the company have limited liability. This is one of the most important benefits to operating as a limited liability company. Limited liability means that the individual assets of LLC members cannot be used to satisfy the LLC's debts and obligations.

What happens if an LLC fails? ›

How does bankruptcy work? In a Chapter 7 business bankruptcy, the LLCs assets are sold and used to pay the LLC's creditors. After the bankruptcy, the LLC's remaining debts are wiped out and the LLC is no longer in business. The LLCs owners are generally not responsible for the LLCs debts.

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