Starting a business requires hard work and preparation of LLC paperwork. Since there are various things to accomplish, a company has to be ready to handle all of them to prevent making mistakes.
One of the first things a company has to do is to register the business as a separate legal entity. Doing this will protect the owners from personal financial liabilities in case the company incurs debts or faces a lawsuit. Choosing the right structure can also provide several advantages, including flexibility in taxation and management.
Perhaps one of the most popular structures for startups is the limited liability company (LLC). It offers all the benefits stated earlier. Additionally, maintaining an LLC is affordable and requires less formalities compared to a corporation.
A company must prepare the proper formation paperwork in order to form their business and enjoy the benefits that come along with it. The requirements and costs may vary from state to state.
Despite the differences, all states require the submission of formal paperwork. This comes with a filing fee. This document will formally register the business with the governing agency and legalize the operations of the company in the state.
Best Practices When Preparing the Documents
When preparing the LLC paperwork, it is important to avoid making mistakes. Failure to comply with state requirements can lead to the possible rejection of the registration or legal issues in the future.
Here are some of the best practices that can help companies ensure compliance:
Business Entity Name Search
Each state has naming regulations. For instance, a company name should have a proper designator. For LLCs, that means the inclusion of the phrase “Limited Liability Company” or any of its abbreviations, such as “L.L.C.” or “LLC.” Most states also require the distinguishability of a name. That means a business entity can no longer use a name if another company in the state has already taken it.
To ensure the availability of the desired name, a great practice is to conduct a business entity search on the database of the governing agency. If a company already has a name in mind but it is not yet ready to proceed with the registration, then it may also be a good idea for it to reserve the name with the governing agency for a certain period. It requires the submission of a form and payment of a corresponding fee. This step is optional.
Selecting a Reliable Registered Agent
Another requirement for business entities registering in a state is the appointment and maintenance of a registered agent. Choosing an agent is very important. Since they will serve as the point of contact between the LLC and the state, they should be able to handle services of process, legal mail, and other government correspondence on behalf of the company.
For some companies, an individual resident will suffice. However, if an enterprise wants to leave the task to a more experienced team, then it may be better to hire a reliable commercial registered agent like DoMyLLC.
Preparing the Articles of Organization
This LLC paperwork will officially form the business entity. It informs the state about some basic information related to the company. It comes with a filing fee that will depend on the state. The necessary information in the form will also vary per state. If a company has never handled the Articles of Organization before, the best thing to do is to leave it to a business filing service company like DoMyLLC.
Creating an Operating Agreement
Some LLCs decide not to have an operating agreement. That is because it is not a requirement. However, having this formation document is one of the best practices that can protect an LLC from possible disputes and disagreements in the future. Learn more about this topic through this article.
Annual or Biennial Reports
Most states require LLCs to submit annual or biennial reports. The purpose of those types of paperwork is to keep the state updated about important company information, such as their contact details. One of the best practices an LLC can do is to prepare the reports early and avoid cramming when the deadline is near. Having a competent agent can also help ensure compliance.
LLC paperwork is an important aspect in forming and maintaining an LLC. Following the best practices when preparing these documents can help you steer clear of any mistakes. It also ensures compliance with state obligations and requirements.