what kind of lawyer do i need to form an llc

by Meta O'Reilly 4 min read

Full Answer

Do I need an attorney to dissolve a LLC?

In certain states, it may be necessary to dissolve an LLC against the wishes of its members if the business goes bankrupt. To learn more about what happens when an LLC goes bankrupt, members can review relevant local and state laws, and/or speak to a local business attorney.

How to find a LLC lawyer?

To get you started, here’s a list of questions to ask an attorney before hiring them:

  • Do you provide a free consultation? If not, how much does the initial interview cost?
  • How long have you been in practice?
  • How much experience do you have in cases like mine, and more importantly, what were the outcomes of those cases?
  • Have you ever been the subject of a disciplinary action?
  • What are your fees? ...
  • What is your caseload currently like? ...

Do I need an attorney to form a series LLC?

Legal and Professional Help On Your LLC. If permitted by the laws of their state, anyone can establish an LLC. A lawyer is not needed to do this. However, it is highly advisable that anyone considering establishing a business consult with a lawyer and a tax professional. A series LLC comes with a lot of freedoms other business models do not.

Does my business need a lawyer?

Whether you need an attorney to start your business depends in large part on what legal type of business you're starting. The simpler your business, the less you'll need an attorney. A sole proprietorship is the simplest business form.

How much does it cost to register an LLC?

What is a business lawyer?

How much does a business attorney cost?

What is an LLC operating agreement?

What is an employment law attorney?

Can an LLC be sued?

See more

About this website

image

Which of the following documents is legally required to form an LLC?

To form your LLC, you must submit to the state articles of organization, also called a certificate of organization (or certificate of formation in some states). You can generally download the appropriate form from the secretary of state website. When filing your form, make sure to include the correct number of copies.

Where is the best place to form an LLC?

The 10 Best States to Form an LLCWyoming.Alaska.South Dakota.Florida.Nevada.Montana.New Hampshire.Utah.More items...•

What are the necessary steps to be taken in order to form an LLC in the state of Ohio?

Forming an LLC in OhioStep 1: Choose a name for your LLC. ... Step 2: Appoint a statutory agent. ... Step 3: Check if you need an Ohio business license. ... Step 4: File articles of organization. ... Step 5: Draft an LLC operating agreement. ... Step 6: Comply with employer obligations. ... Step 7: Pay Ohio business taxes.More items...

Where is it cheapest to form an LLC?

Formation Costs Kentucky has the lowest LLC formation cost at $40 per LLC while Massachusetts is the most expensive at $500 per LLC. The formation cost is a one time fee and so it won't have much impact on future costs associated with your LLC.

Do I need 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.

What taxes do LLC pay?

15.3%Members must report self-employment taxes on a Schedule SE. LLC members are responsible for paying the entire 15.3% (12.4% for Social Security and 2.9% for Medicare). Members can deduct half of the self-employment tax paid from their adjusted gross income.

How long does it take for an LLC to be approved in Ohio?

If you file your Ohio LLC online, the approval time is usually 2-3 business days. However, the approval time is based on the volume of filings. Often filings can be approved in 2 days or sometimes the same day. However, if the Secretary of State is busy, approval can take up to 3-4 business days.

How much does it cost to form an LLC in Ohio?

a $99How much does it cost to form an LLC in Ohio? The Ohio Secretary of State charges a $99 fee to file the Articles of Organization. It will cost $39 to file a name reservation application if you wish to reserve your LLC name prior to filing the Articles of Organization.

How do I form an LLC for free in Ohio?

Starting an LLC in Ohio is EasySTEP 1: Name Your Ohio LLC. Choosing a company name is the first and most important step in starting your Ohio LLC. ... STEP 2: Choose a Statutory Agent in Ohio. ... STEP 3: File the Ohio LLC Articles of Organization. ... STEP 4: Create an Ohio LLC Operating Agreement. ... STEP 5: Get an Ohio LLC EIN.

What state has lowest filing fee for an LLC?

Cheapest States to Form an LLCHawaii — Filing fee: $50. ... Michigan — Filing fee: $50. ... Iowa — Filing fee: $50. ... Montana — Filing fee: $70. ... Utah — Filing fee: $70. Renewal fee: $20. ... California — Filing fee: $70. Renewal fee: $800. ... Delaware — Filing fee: $90. Renewal fee: $300. ... Indiana — Filing fee: $100. Renewal fee: $50.More items...•

How much does a LLC cost?

LLC Filing Cost Filing costs will vary depending on the state laws but generally range from around $40 to up to $500 . Along with filing the articles of organization, most states require that businesses obtain a business license. Business license costs range from around $50 to $100 in most states.

Which state has the cheapest LLC filing fees?

When you form a corporation or LLC, you need to pay a one-time filing fee to the state's secretary of state office. Arkansas, Colorado, Hawaii, Iowa, Oklahoma and Mississippi all boast the lowest corporation formation fee at $50.

Limited Liability Company (LLC) | Internal Revenue Service

A Limited Liability Company (LLC) is a business structure allowed by state statute. Each state may use different regulations, you should check with your state if you are interested in starting a Limited Liability Company.

Limited Liability Company (LLC) Lawyers & Attorneys - Priori

Forming your business as an LLC, or Limited Liability Company, allows you to protect your personal assets and your company. Connect with a lawyer from Priori's vetted network to decide whether an LLC is the right option for you.

What is an LLC lawyer?

An LLC lawyer who has prior experience with LLC filings and maintenance is crucial if you’re considering starting a limited liability company, or “LLC.” An LLC lawyer can help you decide whether or not an LLC as a business structure is right for your goals for the business and can also make sure you file all the necessary documents completely and on time. Despite the stigma that attorneys charge an unreasonable hourly rate, often, consulting one can help your business and save you money in the long run. Thus, instead of waiting to hire an attorney when faced with a serious legal issue, you might consider hiring an LLC lawyer at the beginning to avoid those potential legal problems.

Is a limited liability company a partnership?

A limited liability company can be thought of as a combination of a partnership and a corporation. Similar to a partnership or sole proprietorship, an LLC is a “ pass-through ” entity, which means that the LLC is not a separate entity for tax purposes and LLC owners only pay taxes on their business’s profits once, on their personal tax return. This avoids “ double taxation ,” which corporations are subject to.

How to find an LLC lawyer?

Often, the best way to find an LLC attorney is simply to get recommendations from other people who have formed a business recently or obtained help on a business legal matter.

What is LLC lawyer?

An LLC lawyer can be incredibly helpful in your first few years as a business. They can help you get started and keep your business compliant as you expand, raise money, or hire employees.

What is the advantage of registering as an LLC?

The biggest advantage that you get from registering as a business entity is extra legal protection. If someone wins a lawsuit against your business, they can take only the business’s assets—your personal assets are safe.

What is the difference between a sole proprietorship and a partnership?

Sole proprietorships are pass-through entities, which means that the business’s profits and losses pass through to the owner’s personal income tax return and are taxed at the owner’s personal income tax rate. Partnerships work in the same way, except that the profits and losses are divided among multiple business owners. The biggest risk of sole proprietorships and partnerships is that they leave you open to personal liability. If someone sues your business and wins, they can take your personal assets (your car, your personal bank account, even your home, etc.).

How much does an LLC lawyer charge?

Some LLC lawyers charge a fixed rate of as low as $500 to draft and file LLC formation paperwork, and others charge as much as $3,000. For document drafting and document review, lawyers typically charge an hourly rate of $100 to $300.

How to register as an LLC?

These are some of the specific things an LLC attorney can help you with: 1 Determine whether your business is eligible to organize as an LLC in your state. 2 Determine which state it’s best to register in, particularly relevant if you do business in multiple states. 3 Understand whether, and why, an LLC is better for your business than other business structures, including the tax consequences of each structure. 4 Draft and file your articles of organization, which is the foundational document for an LLC that you have to file with the state to create your LLC. 5 Draft and negotiate funding agreements for your LLC with investors. 6 Help you comply with Securities and Exchange Commission (SEC) requirements if you want to raise money from investors. 7 Draft your LLC operating agreement, which creates the backbone of your LLC and specifies how you’ll make decisions and manage the business. This will cover things like how to invite new members into the business, replace members, and bind the company to business loans and important agreements. 8 Maintain meeting minutes, member resolutions, and other important LLC paperwork. 9 Understand state-specific LLC laws and how to comply with them.

How to get legal help for LLC?

A great way to get legal help for your LLC without paying a fortune is by utilizing online legal services. Two such sites are LegalZoom and Rocket Lawyer, which have business legal plans that give you unlimited access to business legal forms and an on-call attorney for less than $40 per month.

How To Find The Right Lawyer For Your LLC?

Very often people rely on the assessments of others – and seek experiences and recommendations on the Internet. That can sometimes help. However, if you are not skilled enough in this area – it may be best to look elsewhere for recommendations. The plus advice may be to get involved in a local community or group, where you will be able to follow seminars, webinars, or quotes and learn a lot about this area. Then, with your own experience, but also the recommendations of local legal experts – you will be able to make the right decision on choosing an adequate LLC lawyer. Then, opt for one who will be able to respond to the needs of your company.

What Jobs Can Be Done Through An LLC?

Almost all economic activities can be performed in the form of LLC. However, exceptions are the activities of banks and other specialized financial businesses. On the other hand, a limited liability company cannot attract large capital by issuing its shares to third parties – as is the case with a joint-stock company. However, this is not a disadvantage – because the founders of LLC want to have only a few people as business partners – and they don’t usually have megalomaniac financial appetites.

What Do You Need A Lawyer For?

If you are dealing with some more complex issues related to your LLC business – the presence of a lawyer will be necessary. For example, in cases when you have foreign investors who would like to have a share in the ownership of your company. The situation is similar if you would like to go public or issue shares that can be traded publicly. These are situations that are legally far more complex than mere company registration. According to www.startupsavant.com – hiring a good LLC attorney will sometimes be crucial to you. This is something that every LLC can expect – because each of them sooner or later faces some more complex legal situations.

What are the advantages of a limited liability company?

The main advantage of limited liability companies (LLC) – is the fact that the members of the company are not liable for the obligations of the company with their assets. Therefore, in this form of company, the founders are maximally protected.

What is the purpose of a lawyer when signing a contract?

When you sign a business contract – a lawyer is there to check things out and advise you. On the other hand, when it comes to offering a contract to another party – the help of a lawyer can be essential.

Can a limited liability company have a large capital?

On the other hand, a limited liability company cannot attract large capital by issuing its shares to third parties – as is the case with a joint-stock company. However, this is not a disadvantage – because the founders of LLC want to have only a few people as business partners – and they don’t usually have megalomaniac financial appetites.

Is an LLC lawyer cheap?

Although they are often not cheap, they will provide you with security in the long run. An experienced LLC lawyer will anticipate all possible problems before they happen – and thus save you bigger losses. Their assistance is indispensable in a variety of legal matters that may have an impact on your LLC and its business. Such an ally will help you to always operate following the legal framework, to protect your rights – and ultimately, to operate successfully.

When Is It Advisable to Hire an Attorney to Form an LLC?

Even though we just said there isn’t a simple yes or no answer to the question, we should note that legally speaking, you do not need a lawyer to form an LLC.

How much does it cost to start an LLC?

After all, you can form an LLC on your own for just the cost of the state fee, which ranges from under $50 to a few hundred. Or, if you want help from a professional but don’t have the money for an attorney, you can hire an online LLC formation service for a fraction of the cost.

What is BestLLCServices.com?

Frustrated by all the options and aggressive online sales tactics, I created BestLLCServices.com to cut the clutter and bring clarity to entrepreneurs starting an LLC. Our focus is on reviewing and comparing the top LLC formation services while also crafting free resources that help you start a business. We sincerely believe finding the right service and free information should be a simple process so you can get started with minimal friction.

Why do people need an attorney for a business?

Some people prefer to have an attorney form their business simply because they provide peace of mind that the startup process is handled correctly. Especially compared to the DIY route, sometimes it’s worth the money to make sure your business is formed by a true expert.

What happens if you file an LLC incorrectly?

If your formation documents are filed incorrectly, they will be rejected and you won’t be able to start doing business, so it can be worth it to make sure they’re submitted right the first time! And let’s be honest, as an entrepreneur, you simply might not have the time to form an LLC yourself.

Is it a good idea to hire a lawyer?

First off, lawyers are expensive, so it’s probably not the best idea to hire one if you’re operating on a limited budget. The formation benefits you’ll receive simply aren’t worth putting your budding business in a precarious financial situation.

Is a lawyer valuable for an LLC?

Contrary to what some might believe, a legal dispute isn’t the only situation in which a business lawyer can be valuable. In fact, a lawyer’s expertise and guidance can be helpful in multiple stages of an LLC’s life.

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.

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.

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.

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.

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 much does it cost to register an LLC?

Your LLC will give you tax benefits and protect your personal assets if anything happens to your company. It costs between $50-$500 on average to register your business. You do not need an attorney to form an LLC.

What is a business lawyer?

Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter. General counsel to review compliance with state laws, state agencies, state fees, or annual fees.

How much does a business attorney cost?

A business attorney can save time and money when business owners create a new business. For around $200 to $5000, they can handle the items you may not have time to consider, such as: 1 Creating an LLC operating agreement that explains the who, what, when, where, why, and how of your company (this is required in some states) 2 Creating articles of organization that list the registered agent, LLC management, and the date of formation 3 Keeping detailed records in case of lawsuits or audits 4 Filing fees and registering with the correct people 5 Registering your business name and checking that the LLC name is available 6 Completing and filing all legal documents

What is an LLC operating agreement?

An LLC operating agreement is an internal document that allows you to establish company rules, layout members' rights and responsibilities, and more.

What is an employment law attorney?

Employment law attorneys to create employment contracts and HR policies.

Can an LLC be sued?

Once you register, you can buy or rent a building and have company bank accounts. Unfortunately, your company can also be sued.

image