what kind of lawyer sets up llc

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

A lawyer can also help you confirm whether a limited liability company is the best legal entity for your business, or the best state for organizing your LLC. There are myriad other issues you may want to discuss with a lawyer. But generally, if you all you want to do is form a single-member LLC, you can do it without a lawyer.

What kind of lawyer do you need for a corporation?

Corporate Lawyer. If you own a corporation, you’ll likely find yourself consulting with a corporate attorney on many different occasions. A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What legal services do estate planning lawyers offer?

Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs. If you’re having financial difficulties and are contemplating bankruptcy proceedings, you’ll want to consult with a bankruptcy attorney.

What kind of lawyer do I need to solve my legal problem?

Whatever your legal problem, there’s likely an attorney who specializes in dealing specifically with your particular legal issue. If you’ve been trying to find a lawyer to help you solve your specific legal problem, you’ve probably realized there are many different types of lawyers.

How do you come up with an LLC?

How to Choose an LLC NameMake It Legal. The most important thing when you're choosing an LLC name is to make sure it's legal. ... Make It Memorable. You want your LLC name to be something people can remember. ... Make It Meaningful. ... Make It Original. ... Make It Distinctive. ... Make It Domain Name Ready. ... Make It Social Media Friendly.

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 type of business does not require an attorney to set up?

A sole proprietorship is the simplest business form. It doesn't require that you register your business with your state, so no, you probably don't need an attorney to start this type of business.

What type of LLC is best?

Single-member is the most popular filing type and is the most affordable LLC formation....This is similar to a sole proprietorship in that the owner is personally responsible for:Company transactions.Taxes.Debts the business owes.

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.

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's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What is better for a small business LLC or corporation?

A limited liability company (LLC) is usually the best business entity type for small businesses because it offers personal liability protection but is easy to run and has tax options that fit well with how small businesses operate and grow.

What happens if my LLC has no money?

But even though an inactive LLC has no income or expenses for a year, it might still be required to file a federal income tax return. LLC tax filing requirements depend on the way the LLC is taxed. An LLC may be disregarded as an entity for tax purposes, or it may be taxed as a partnership or a corporation.

How do I pay myself from my LLC?

You pay yourself from your single member LLC by making an owner's draw. Your single-member LLC is a “disregarded entity.” In this case, that means your company's profits and your own income are one and the same. At the end of the year, you report them with Schedule C of your personal tax return (IRS Form 1040).

Do LLC get tax refunds?

Do LLCs get tax refunds? Generally, no. However, LLCs can elect to be treated like C corporations for tax purposes by filing Form 8832. If an LLC elects C corporation status and makes quarterly estimated payments higher than its tax liability for the year, the LLC can receive a tax refund.

What is an LLC?

What is a Limited Liability Company (LLC)? A limited liability company (LLC) is a business entity. A variety of business entities, or forms, exist in the United States. Other examples of business entities include partnerships, and corporations.

What is LLC in business?

Forming a LLC protects individual assets, limiting liability to the LLC’s own resources. By forming an LLC, a small business owner, if sued, will not have to pay out of personal assets. Individuals who are interested in forming a business with minimal paperwork and costs should also consider forming an LLC.

How does a limited liability company differ from a corporation?

Limited liability companies differ from corporations in terms of ownership structure. LLCs are owned by individuals, while corporations are owned by shareholders. LLCs differ from both partnerships and sole proprietorships in terms of liability.

What is LLC filing?

LLC formation requires filing a document called “articles of organization,” and a fee, with the state. This fee is typically smaller than the fee required for forming a corporation. LLC formation usually requires less paperwork to be filed with the state, than does corporation formation.

How long does it take to file an LLC statement?

Many states require that a document called an initial information statement be filed. This statement must be filed within a short period of time (up to 90 days) of the filing of the articles of organization. On the statement, the names and addresses of LLC members and managers must be provided.

What is a partnership liable for?

Partners in a partnership are personally liable for debts incurred by the partnership. These debts include debts incurred by another partner. This means that if a partnership owes money to a creditor, the creditor can “come after” the individuals’ own individual real and personal property to satisfy the debt.

What happens if a corporation files a lawsuit?

Under the law, if someone files a lawsuit against a corporation, and the suit is successful, the corporation pays money out of the corporation’s assets. The individual members’ and owners’ own assets are not “touched.”.

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

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.

Do I need an attorney to register my business?

However, by law, you do not need an attorney to register your own business. Other documents and legal services can be handled with a DIY approach or trusted to an attorney to save you time and prevent mistakes along the way.

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.

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.

2 attorney answers

You'll want to consult with a business attorney - in fact, there are many that specifically deal with setting up business entities, such as S-corps, C-corps and LLCs. They, along with your tax adviser, can help you choose the best legal entity for your new business. Good luck.

Joseph Briscoe Dane

A business attorney can set up your entity and advise you generally about what you need to do to get your business up and running.

What does a good lawyer do?

A Good Lawyer Will Protect Your Rights. When the contract is good, accurate, and professional – it will protect your legal rights. Also, a good contract will ensure the satisfaction of both parties. Although you can find various web template contracts online – it is not always a safe option.

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.

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.

Why are founders of companies protected?

Therefore, in this form of company, the founders are maximally protected. It is because their property cannot be the subject of claims. Companies that are established in the form of LLCs, as a rule, have a small number of members, usually one, two, or three, who are connected by friendly relations.

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.

Do lawyers see everything in a contract?

Many things in contracts can sometimes be insufficiently visible to ordinary people. But not to lawyers. Namely, lawyers are there to recognize everything that is needed – and they can see everything hidden between the lines. When you sign a business contract – a lawyer is there to check things out and advise you.

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.

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.

Can you convert an LLC to a C-Corp?

Quick note: It is possible to convert an entity from a LLC to a C-Corp. It can be a pain to do this, but it can be accomplished, so don’t worry if you are already formed as a LLC, you can change it later on – we’d recommend you plan to do it in conjunction with an outside financing round as it is not a cheap process.

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.

How to get a copy of articles of organization?

Go to your state’s Secretary of State website to get a copy of the articles of organization form. This document includes details about your proposed LLC so that you can establish it as a legally separate entity.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.