In this day and age, it’s important to have a business entity in place to protect yourself from any legal liabilities that may come your way. A limited liability company (LLC) is a great option for small business owners, as it provides personal asset protection and allows you to run your business as you see fit. Here’s a 7-step guide on how to set up an LLC:
- 1. Choose a business name
- 2. File articles of organisation
- 3. Create an operating agreement
- 4. Obtain an employer identification number
- 5. Open a business bank account
- 6. Comply with state and local regulations
- 7. Keep good records
In this article
1. Choose a business name
The first step is to choose a name for your LLC. This can be your personal name, the name of your business, or a fictitious name. Once you’ve chosen a name, you’ll need to check with your state’s Secretary of State office to make sure it’s available and not already in use. In order to check this out, you can either visit their website or give them a call. Also, be sure to check for any trademark issues that might arise.
For example, if you wanted to name your LLC “XYZ Widgets, LLC” but there was already an entity called “XYZ Widgets, Inc.,” this could create confusion in the marketplace and possibly open you up to a trademark infringement lawsuit. In that case, you might want to consider a different name for your LLC.
Keep in mind that you’ll need to use the word “LLC” or “L.L.C.” in your business name.
2. File articles of organisation
The next step is to file your articles of organization with your state’s Secretary of State office. This document essentially declares your intention to form an LLC and sets forth some basic information about your business, such as the names of the LLC’s members and managers, the address of its principal place of business, and its purpose.
Additionally, your articles of organization may need to include other information depending on your state’s requirements. For example, some states require that you list the LLC’s registered agent in the articles of organization.
3. Create an operating agreement
An operating agreement is not required in all states, but it’s a good idea to have one in place regardless. This document outlines the ownership and management structure of your LLC, as well as the rights and responsibilities of the LLC’s members. It also sets forth the rules for how the LLC will be run on a day-to-day basis.
For example, the operating agreement might state that the LLC will be managed by one or more managers, that decisions will be made by a majority vote of the members, and that meetings will be held on a quarterly basis.
4. Obtain an employer identification number
The next step is to obtain an employer identification number (EIN) from the IRS. This is a nine-digit number that is used to identify your LLC for tax purposes. You can apply for an EIN online, by fax, or by mail. Keep in mind that you’ll need to have your articles of organization on hand when you apply. Plus, if you’re the only member of your LLC, you’ll need to apply for a sole proprietor EIN instead.
5) Open a business bank account
5. Open a business bank account
Once you have your EIN, you can open a business bank account in the name of your LLC. This will allow you to keep your personal and business finances separate, which is important for maintaining limited liability. Plus, it will make it easier to track your business expenses come tax time.
Also, be sure to get a business credit card in the name of your LLC. This will also help you keep your personal and business expenses separate. Not only that, but it can also help you build business credit, which can be useful down the road.
6. Comply with state and local regulations
Depending on the type of business you’re in, you may need to obtain certain licenses and permits in order to operate legally. For example, if you’re running a restaurant, you’ll need to obtain a food service license. Likewise, if you’re running a construction business, you’ll need to obtain a contractor’s license.
7. Keep good records
Last but not least, it’s important to keep good records of your LLC’s finances and activities. This includes everything from keeping track of your income and expenses to maintaining minutes of your LLC’s meetings. By keeping good records, you’ll be able to resolve any problems that might arise down the road.
Final Thoughts
Setting up an LLC can be a daunting task, but following these seven steps should make the process a little bit easier. Keep in mind that there may be other requirements depending on your state and local laws, so it’s important to do your research beforehand. And finally, don’t forget to keep good records of your LLC’s finances and activities. This will help you avoid any problems down the road. The bottom line is that setting up an LLC is a great way to protect your personal assets and give your business a professional appearance. So if you’re thinking about starting a business, an LLC might be the right choice for you.
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