how to set up an llc without a lawyer

by Pete Walsh 7 min read

Is it possible to start an LLC without an attorney?

Aug 13, 2021 · There is no legal requirement to hire an attorney to form an LLC. Most states allow LLC formation by registering the business entity on your secretary of state's website and with the Internal Revenue Service (IRS). LLCs provide advantages over sole proprietorships and general partnerships. Their structure gives limited liability protection to the business owner and …

How do I set up an LLC?

Apr 20, 2022 · How to Set Up an LLC. You can use this seven-step guide to get started. 1. Decide on a Business Name. Marketing may be at the top of …

Do I need an accountant to set up an LLC?

Aug 27, 2009 · Filing Articles of Organization for an LLC without a Lawyer is Easy The first step, filing Articles of Organization with the Secretary of State, is easy – no lawyer is required. (Unless you want expedited turnaround, in which case a lawyer who has an existing relationship with a commercial filing service in Sacramento is invaluable.)

Do I need a lawyer to form a limited liability company?

To form an LLC, the Articles of Organization (called a Certificate of Organization, Certificate of Formation, or Articles of Formation. in some states) will be filed with a state agency (typically the Secretary of State). This cost to file the Articles of Organization for an …

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Where is it cheapest to form an LLC?

Cheapest States to Form an LLC
  • Kentucky — Filing fee: $40. Renewal fee: $15. ...
  • Arkansas — Filing fee: $45. Renewal fee: $150. ...
  • Arizona — Filing fee: $50. Renewal fee: $0. ...
  • Mississippi — Filing fee: $50. ...
  • Missouri — Filing fee: $50. ...
  • New Mexico — Filing fee: $50. ...
  • Colorado — Filing fee: $50. ...
  • Hawaii — Filing fee: $50.
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Oct 4, 2021

What is better LLC or sole proprietorship?

A sole proprietorship is useful for small scale, low-profit and low-risk businesses. A sole proprietorship doesn't protect your personal assets. An LLC is the best choice for most small business owners because LLCs can protect your personal assets.

What can I use instead of LLC?

S Corporations Pros and Cons

An S corporation usually does not pay federal taxes at the corporate level. As a result, an S corporation can help the owner save money on corporate taxes. The S corporation allows the owner to report the taxes on their personal tax return, similar to an LLC or sole proprietorship.

What is better for a small business LLC or S corporation?

LLC owners must pay self-employment taxes for all income. S-corp owners may pay less on this tax, provided they pay themselves a “reasonable salary.” LLCs can have an unlimited number of members, while S-corps are limited to 100 shareholders.

What is the downside to 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. Many states also impose ongoing fees, such as annual report and/or franchise tax fees. Check with your Secretary of State's office.

Should I get an EIN for my LLC?

An LLC will need an EIN if it has any employees or if it will be required to file any of the excise tax forms listed below. Most new single-member LLCs classified as disregarded entities will need to obtain an EIN. An LLC applies for an EIN by filing Form SS-4, Application for Employer Identification Number.Sep 1, 2021

Should I name my LLC after myself?

According to Alexandra Watkins, founder of Eat My Words, a company that creates business names ideas for clients, you should not name your business after yourself.

How do start my own business?

  1. Conduct market research. Market research will tell you if there's an opportunity to turn your idea into a successful business. ...
  2. Write your business plan. ...
  3. Fund your business. ...
  4. Pick your business location. ...
  5. Choose a business structure. ...
  6. Choose your business name. ...
  7. Register your business. ...
  8. Get federal and state tax IDs.

Do I need a registered agent for my LLC?

A registered agent is required when you register your business as an LLC or corporation. You're responsible for keeping your registered agent information up to date with the state. If the agent you listed moves to a new location, you'll need to update the agent's address.Mar 26, 2022

Who pays more taxes LLC or S corp?

Who pays more taxes, an LLC or S Corp? Typically, an LLC taxed as a sole proprietorship pays more taxes and S Corp tax status means paying less in taxes. By default, an LLC pays taxes as a sole proprietorship, which includes self-employment tax on your total profits.

How is an LLC taxed?

The LLC has to report its income to the United States Internal Revenue Service (IRS). As a disregarded entity or partnership the IRS taxes the LLC income in the hands of the entity's members, subject to individual personal tax rates.Nov 12, 2018

What are the tax benefits of an LLC?

One of the biggest tax advantages of a limited liability company is the ability to avoid double taxation. The Internal Revenue Service (IRS) considers LLCs as “pass-through entities.” Unlike C-Corporations, LLC owners don't have to pay corporate federal income taxes.Feb 3, 2021

Do I need an LLC for my business?

That will entirely depend on your small business and its needs. If you are a freelancer or solopreneur, you may do fine with a simple sole propriet...

Is an LLC expensive?

The cost of your LLC will depend on a number of factors like the state you’re filing in as well as any extras like an operating agreement or DBA. F...

Can I set up an LLC by myself, or should I hire someone?

You may be able to set up an LLC by yourself, especially if you’re a single-member LLC. Do your research and head to your state’s business formatio...

Do I really need to create an operating agreement for my LLC?

Most states don’t require LLCs to have an operating agreement, though it can come in handy. Those with business partners should consider creating a...

How to establish LLC?

To establish your LLC as a legal entity, you’ll file a document with the state agency that handles business filings in your state. In most states, this document is called the articles of organization, but some states use a different name, such as a certificate of formation. Each state has a form you can use. To find your state’s form, go to the same website you used for business name research.

What is a registered agent for LLC?

A registered agent is someone who receives official or legal documents (such as subpoenas) on behalf of the LLC. Once received, the registered agent will then pass on these documents to the person in charge of the LLC. Anyone over 18 years old can be a registered agent—and there’s nothing wrong with naming yourself. Or, you can designate a company that provides registered agent services to do so. This will come at a fee, of course; pricing for registered agents may cost a few hundred dollars per year.

What is LLC certificate?

When your formation documents are approved, you’ll be issued a certificate by the state to indicate your LLC is formally registered. Use it for other necessary tasks such as setting up a business bank account and getting a tax ID number.

What are the advantages of LLC?

But an LLC offers a number of advantages, such as protection as an individual from legal and financial problems that your company may face. LLCs also have more choices when it comes to the way they’re taxed. Be sure to do your research and get legal and tax advice before forming any sort of business.

Can you use a business name that's already being used by another business in your state?

In general, state laws won’t allow you to choose a business name that’s already being used by another business in your state. Most states also prohibit certain words that might imply you’re in a certain business, such as insurance or banking. And you’ll probably need to include some version of “LLC” or “limited liability company” at the end of your business name.

Who needs to sign a business form?

When that’s complete, one or more business owners or organizers will need to sign the form.

Do LLCs need an operating agreement?

Most states don’t require LLCs to have an operating agreement, though it can come in handy. Those with business partners should consider creating an operating agreement to ensure everyone is on the same page. For single-member LLCs, it’s always useful to have written guidelines for running the business.

How to create LLC?

There are several options to create an LLC: 1 to hire a Lawyer/CPA 2 to use independent filing service 3 to file it yourself at the SOS portal.

How much does it cost to file an LLC?

This cost to file the Articles of Organization for an LLC costs between $40 and $500.

How much does it cost to reserve an LLC name?

The ability to reserve an LLC name is available in every state (for a fee). Alabama is the only one that requires the name to be reserved at a cost between $10-$28. Reserving the name is optional in all other states, but is usually not worth the expense unless it will be some time before you plan to start your LLC.

What is LLC in business?

A company such as LLC is just an organization and facilitates the business. It is not too much work, just have to remember to pay your tax and file tax forms, if you have a company with no active business. Like they say, easy come, easy go. Anything you can get for no cost have literally no value.

Which states require LLCs to publish a legal ad?

There are some states like Arizona, Georgia, Nebraska, Nevada, New York, and Pennsylvania that require new LLCs to publish a legal ad notifying the public of the LLC formation in a local newspaper and supplying the affidavit of publication. Publishing costs vary depending on the state and newspaper.

Can I create an LLC in NJ?

In a way, no. You could create an LLC on your own on the Secretary of State’s website. However, NJ has a very large number of requirements for companies and these requirements can be overly difficult to understand and navigate through. Thus, based on the fact that you are in a state that has a lot of requirements, I would recommend that you get an attorney.

Can an LLC be created without an attorney?

Not technically, no. But every single LLC I have ever seen that was created without an attorney has not had its documentation in order. No corporate book, no unit certificates, no company agreement, no organization minutes. Which is fine if everyone agrees with everyone and has no disputes whatsoever for eternity.

How old do you have to be to be an LLC registered agent?

Government agencies and attorneys will always send official correspondence to the mailing address of your registered agent. Any person over the age of 18 can be your registered agent, so long as they have a physical address in the state in which you formed your LLC. Companies can be registered agents too.

How many states have LLCs?

LLCs can be formed in all 50 states, regardless of where you live or plan on conducting your business.

What is LLC formation service?

Formation services handle the entire LLC formation and incorporation process from start to finish, all online. They are the fastest and easiest option for starting an LLC. Because they file everything online, they tend to be more affordable than traditional options such as hiring a lawyer or CPA.

What happens if the court can't contact you?

If courts can’t contact you, your trial may continue in your absence. The solution is to appoint a 3rd party to be your registered agent. That 3rd party is usually either a law office or a registered agent service. Registered agent companies typically charge about $120 per year to be your registered agent.

Which states don't tax business income?

Nevada and Wyoming don’t tax any business income. First-time business owners will often choose one of these three states when forming their LLC. Unfortunately, it is not so easy to escape the taxman. If you form in one of these states, chances are you will actually end up paying more.

Can you use LLC name on legal documents?

Your LLC name is mostly going to be used on legal documents. Your customers will likely never see your LLC’s name if you don’t want them to.

Is it cheaper to start an LLC?

Starting an LLC is much easier and cheaper than you may think.

Why do small businesses have an LLC?

Many small business owners decide to set up an LLC for the liability protection it provides. An LLC, or limited liability company, exists separately from its owners (known as members), and the owners are therefore not personally responsible for business debts.

What happens after an LLC is approved?

After the LLC’s formation documents are filed and approved, the state will issue a certificate or other document that confirms that your LLC formally exists. Once you’ve received the certificate, you can take care of business matters like obtaining a tax ID number and business licenses and setting up a business bank account.

What is a registered agent in an LLC?

A registered agent is a person who agrees to receive lawsuits, subpoenas and other official documents on behalf of the LLC and to pass them along to the appropriate person at the LLC.

What is LLC in business?

An LLC is a popular and flexible business option that works well for many small business owners. In most states, LLCs are relatively easy to set up and maintain. However, it’s important to fill out the paperwork properly and have an operating agreement that defines the members’ rights and responsibilities.

How old do you have to be to be a registered agent?

Most states allow anyone who is a state resident over age 18 to serve as a registered agent—including a member or officer of the LLC. There are also companies that provide registered agent services for a fee.

Can two businesses have the same name?

Most states don’t allow two different business entities to have the same name. So you can’t, for example, have “Joe’s Donuts, LLC” and “Joe’s Donuts, Inc.,” even if they’re located in different cities. Many states also restrict companies from using certain words in their names, such as “bank.”

Is an operating agreement required by law?

The operating agreement typically isn’t filed with the state and may not be required by your state’s laws. However, it is an important way for business owners to define their rights and responsibilities and minimize future disagreements.

How to organize a corporation?

There are multiple benefits to organizing your company as a corporation: 1 A corporation limits your personal liability and may make tax breaks available to you. 2 Your corporation can take tax deductions for the cost of health insurance and life insurance. 3 Incorporating also means people will take your company seriously and you can set the stage for future expansion of your business. 4 You can raise capital for the business through the sale of stock. 5 Ownership in a corporation can be transferred easily should you decide to sell.

Who can guide you through the incorporation process?

Owners who are unclear about the process of incorporation may want to hire an attorney. Peter Home, with the firm Geoff McDonald & Associates, says, "An attorney can guide you through the process as well as teach you the ins and outs of how your company will need to operate once incorporated."

What is a legal consultation?

A legal consultation can help an owner determine which corporate entity will be most advantageous and how to get the most out of incorporating the business. Attorneys can also highlight the downfalls of different entities in terms of liability and tax, as well as show you how each different option will have varying effects on the business.

Is it worth it to have an attorney for incorporation?

Dolman offers some perspective for those contemplating DIY incorporation versus using an attorney. "Ultimately, if you have the money to spare, it's well worth it to have an attorney guide you through the process of incorporating. You'll not only save time but also stress, as you'll have a live expert available to both answer your questions and advise you on how to proceed. However, if money is tight, the process is absolutely something you can do yourself."

Is it easy to incorporate a business online?

In addition, in most states, the process is easy, available online, and doesn' t necessarily require guidance from an attorney. "For a solo owner, when you are just starting and are too small for a major lawsuit risk, there is nothing wrong with saving a little money by doing a DIY incorporation," says Ryan Reiffert, a Texas-based attorney.

Is it cheaper to incorporate on your own?

It is definitely tempting to incorporate on your own because it's less expensive than hiring an attorney. "While state fees generally total between $100 and $250, the average attorney charges that by the hour," says Matthew A. Dolman, a Florida-based attorney with Sibley Dolman Gipe Accident Injury Lawyers, PA.

Can an organizer be an attorney?

The organizer can be an attorney or corporate service company, and needn't be a member or manager of the LLC. The Articles of Organization only name the organizer and the resident agent (also can be an attorney or corporate service company or other individual or company with a physical address in MI).

Can an LLC have an organizer?

Generally you can have someone else file the articles as an organizer, the LLC will need a registered agent who does not have to be a member, and the LLC will have to file annual statements signed by an authorized member, manager or agent. The agent does not have to be a member.. just authorized.

Do you have to be a member to be an organizer of an LLC?

The organizer of an LLC does not have to be a member. Many attorneys, myself included, act as organizers of LLCs in which their clients become members. Your buddy can be the organizer, but the non-public LLC documents must properly recite the relationship of the parties...

Why is it important to have an anonymous LLC?

The most important thing to remember is that you should always incorporate your new LLC in your home state if you’re a US citizen and do most of your business there to defend yourself against paying higher fees.

What is an anonymous LLC?

Anonymous LLC is the answer to that. Anonymous LLC allows you to run your company without your name and address becoming a matter of public record. How easy is it to set up an anonymous company? But there are strict rules you must consider when running this type of company.

Which state is the best for LLC?

The best state for an LLC in this situation is either Delaware or Nevada as neither of those states requires you to make the owners’ names and addresses a matter of public record.

Can an anonymous LLC be managed?

You have many options for states where you can establish an anonymous LLC. Strictly speaking any state can manage an anonymous LLC.

Does California have an anonymous LLC?

California does not offer anonymous LLC. California requires filing a Statement of Information which requires disclosing the name of the Managers of the LLC. So if you’re looking to stay anonymous, stay away from California LLC.

Does a manager managed LLC have to make its owners' names public?

The primary difference is that a manager-managed LLC legally doesn’t have to make the names of its owners a matter of public record. On the other hand, a member-managed LLC must make its names public on the LLC State of Information.

Does Delaware have corporate law?

Delaware understands corporate law and comes with a variety of private protections to ensure that you have the greatest level of privacy possible.

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