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  • Steven Moore

Entrepreneurship: Limited Liability Company (LLC)

If you're starting a business, one of the first decisions you'll need to make is how to structure your company. Many entrepreneurs opt to form a limited liability company (LLC) because it offers several advantages over other types of business structures.

An LLC is a hybrid business entity that combines the liability protection of a corporation with the flexibility and tax benefits of a partnership. The owners of an LLC are called members, and the company is managed either by the members themselves or by appointed managers.

What you need to know about forming an LLC

Choose a Name

The first step in forming an LLC is choosing a name for your company. Your name should be unique and distinguishable from other businesses in your state. Most states have online databases where you can search for available business names.

Register Your LLC

Once you've chosen a name, you'll need to register your LLC with your state. The process varies by state, but generally, you'll need to file articles of organization and pay a filing fee. Some states also require you to publish a notice of your intent to form an LLC in a local newspaper.

Create an Operating Agreement

An operating agreement is a legal document that outlines how your LLC will be managed. It's not required by all states, but it's a good idea to create one anyway. Your operating agreement should include details about how profits and losses will be divided among members, how decisions will be made, and what happens if a member wants to leave the LLC.

Obtain Necessary Permits and Licenses

Depending on your industry and location, you may need to obtain permits and licenses to operate your business. Check with your state and local government to see what's required.

Pros and Challenges of Forming an LLC

Pros:

  1. Limited liability protection: One of the biggest benefits of an LLC is that it provides personal liability protection for its owners. This means that if your business is sued or faces financial difficulties, your personal assets will be protected.

  2. Pass-through taxation: LLCs are taxed like partnerships, meaning that the profits and losses of the business are passed through to the owners and reported on their personal tax returns. This can result in significant tax savings for small businesses.

  3. Flexibility: LLCs offer a lot of flexibility in terms of management and ownership. Members can choose to manage the company themselves or appoint managers, and ownership can be divided up in any way the members choose.

Challenges:

  1. Higher taxes in some states: While LLCs offer pass-through taxation, some states impose additional taxes on LLCs that can make them more expensive to operate than other business structures.

  2. More paperwork: LLCs require more paperwork and ongoing maintenance than sole proprietorships or partnerships. This includes filing annual reports, updating your operating agreement, and keeping detailed records of your business transactions.

  3. Limited life: In most states, LLCs have a limited life span and will dissolve if a member dies or leaves the company. This can create instability and uncertainty for the remaining members.

Bringing it all together

Ultimately, the decision to form an LLC will depend on your specific business needs and goals. If you're looking for liability protection, tax savings, and flexibility, an LLC may be the right choice for you.


However, if you're not willing to deal with the extra paperwork and fees, or if you don't anticipate needing the benefits of an LLC, a sole proprietorship or partnership may be a better fit.


Coming up

In our next post, we'll begin our new What is... series. Our first topic group for the series is on the concept of Data. We'll discuss what data is and evaluate how data is important to our lives and our work. We'll segue into looking at a data team and review some key members of a data team. This will be an exciting review as this is a topic Globescape Consulting is very very passionate about. Stay tuned.




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