Whether you’re a new entrepreneur or a seasoned business owner, creating an LLC is a crucial step for your company. It offers the flexibility of a sole proprietorship with the liability protection of a corporation.
To start an LLC, you must file Articles of Organization with your state’s Secretary of State. These documents establish your business’s legal name and outline the powers and duties of members.
Articles of organization
Articles of organization are the legal documents that establish your LLC as a separate business entity. They include important information about your business, such as its name, purpose, and day-to-day operations.
Depending on your state’s laws, you may also need to include the names and addresses of your members (owners) or managers. Some states require these documents to be signed by the organizer(s) of your LLC.
Some states offer a form for articles of organization that you can download and fill out on your own. You can also hire an online legal service to help you complete the process. However, it is important to note that some states will reject your forms if they do not contain all the required information.
Operating Agreement
An operating agreement is a document that sets forth the rules and procedures for running an LLC. It can prevent future conflicts and misunderstandings between LLC members.
Having an operating agreement in place can also help your business comply with state law. Without one, your company may be run under the default rules of your state, which can be confusing and subject to change.
The operating agreement should discuss membership rights, the allocation of profits and losses and other issues that can impact operations. It can also specify how distributions are made and when they’re due.
The operating agreement can also state whether the LLC will be taxed as a sole proprietorship, partnership or corporation. While LLCs often choose to file as C-corporations, they may also elect S-corporations or have other tax classifications.
Taxes
If you decide to form an LLC, you’re responsible for paying taxes on your business’s profits. These taxes can vary depending on the type of business you run and whether or not you have employees.
The federal government, as well as state and local governments, levy various types of taxes on LLCs. These include income tax, self-employment taxes, payroll taxes and sales taxes.
For some owners, the difference in the way they are taxed can be significant. These individuals may elect to be taxed as a corporation (usually an S corporation) rather than a sole proprietorship or partnership in order to reduce their self-employment tax.
An LLC is a separate business entity for federal tax purposes, and you’ll report and pay your company’s income tax as a separate taxpayer from you or your spouse. However, you’ll also need to pay your own individual income tax on all the profits that are left in your company’s bank account at the end of the year.
Membership
A membership is a way for consumers to get access to exclusive information and/or special bonuses from a company or organization. These can be free or paid.
In addition, they can also provide a means of delivering premium products or services to a group of customers. For example, companies may offer a monthly subscription to a magazine or music download service, in exchange for a recurring payment.
The process for adding a member to an LLC is usually defined in the operating agreement, which is an internal document that defines foundational elements and key operational guidelines. Depending on the state you operate in, this document must be filed with state and federal government agencies.
Before you add a new member, meet with all existing members to discuss the implications. This will include the capital contribution, percentage of profits and losses, voting rights, and management responsibilities of the member.
