I need information about setting up a LLC business?

Question by CHARLES S: I need information about setting up a LLC business?
My son and I want to start a business and,I think a LLC would be best.

Best answer:

Answer by Quality Seamless
Obtain a copy of your state’s LLC Articles of Organization form from your state’s Secretary of State office. When you contact them, also find out if the state in which you are incorporating requires you to post a notice in the newspaper. Also find out any specific rules regarding business names.

Choose a name for your business that complies with your state’s rules for LLC business names. The main part of the business name is generally very flexible, but each state has a list of prohibited words, such as “Corporation”, “Incorporated”, “Insurance”, “City”, and others. Your legal name must end with an LLC designator, such as “Limited Liability Company”, “LLC”, etc. Also, the name can not be the same as another LLC on file in the state in which you are filing.

Fill out the LLC Articles of Organization form. This is usually a relatively simple process, as the only things you need to notify the state about regarding your LLC are items such as name, its business purpose, principal office address, the “registered agent” for receiving any legal documents, and the names of the initial members. You do NOT have to specify at this point the ownership distribution or management structure, just the names of the LLC’s members.

Publish a notice in your local newspaper of your intention to form an LLC (if required by your state – don’t waste the money otherwise). This should be done prior to filing your Articles of Organization. Currently this is only required in Arizona and New York. Check with your state’s Secretary of State to be certain.
Submit your Articles of Organization form to your Secretary of State along with the appropriate filing fee. Fees range from $ 40 to $ 900, depending on the state. Be careful: some states may have a corporate tax which is separate from the filing fee but must be paid at the time of filng. For example, California has only a $ 70 filing fee, but an $ 800 annual tax.

Create an LLC Operating Agreement that spells out the financial and management rights and responsibilities of the LLC members, such as: who contributes what if the LLC needs additional capital, when and how profits from the business will be distributed, under what terms members can leave the LLC, etc. Even (or perhaps especially) among friends and family, leaving these questions unanswered can create strains on both the business and personal relationships down the road. Put it in writing!

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1 comment to I need information about setting up a LLC business?

  • mam

    Head to your state’s Department of Corporations and fill out the paperwork yourself…if it asks how many shares, make it at least 100 shares, not just one. Don’t spend big bucks on a lawyer…do it yourself.

    But before you start the business, make sure you’ll make money doing whatever it is you’re going to do, because come tax time, you may have to pay more in taxes then the amount of money you make.

    If you need to do this for insurance purposes, then go ahead and get the LLC. Otherwise, do it as a hobby first…then as it gets bigger and makes some money, then apply for the LLC.

    I’d suggest going to SCORE, at http://www.score.org and they’ll advise you for free. Just make sure to thank them.

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