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LLC: Forming an Limited liability Company (LLC)

by Cristie Hesse | Legal > Switch Category
Limited liability Company, or LLC, is a corporate entity that combines many of the best features of legal partnerships with the stability and separation afforded by corporations. Limited liability Company (LLC) is a legal business structure that separates as well as protects a business and its personal assets from those of the owners of the company. In case of limited liability companies share holders are not responsible for company debts. During the requisite time the directors may guarantee loans or credit settled to the company.

The LLC is a creature of state laws. In 1977, Wyoming was the first state to enact a law that gave birth to a limited liability company. Since then, every state in the United States has passed a set of laws which allow for a legal entity called a limited liability company to be created under the law. The main reason the LLC was born is because small business owners needed a legal entity that was more catered form them as compared to the corporation entity which was more suitable for larger businesses.

It is similar to a corporation, but a more flexible form of ownership, more suitable for smaller businesses with a limited number of employees or owners. For new business owners a Limited Liability Company can be an attractive solution to forming a company especially considering the many benefits to having an LLC.

The limited liability company provides many advantages for building a small business especially in the areas of asset protection, taxes, and operational ease and flexibility. However, the biggest and main reason to create one is for liability protection. If your business should ever face insolvency your personal assets would be protected.

Many of the primary benefits consist of the various ways you can set up taxation. For many business taxes alone can be a complicated subject matter. LLC can elect to be taxed as a sole proprietor, partnership, S-corp or corporation, providing much flexibility. Also using the default tax classification, profits are taxed personally at the member level, not at the LLC level.

The next of the benefits of an LLC is that it positions your business as a more trustworthy business. By forming a limited liability company as your business, you will be perceived as more trustworthy which goes a long way for a new business when it comes to getting new customers and establishing your brand.

The operational of LLC is simple and flexible. The laws allow the members to determine the best set of operational and governance rules applicable to their business. This is a great benefit because after forming a limited liability company because you are able to customize the rules for how your LLC will be most effectively operated. When forming a limited liability company, the costs are minimal and the entity is designed to be easy to maintain and operate.

If you want to create a limited liability company as your business, then the process is actually quite simple. While there are a number of companies out there who will process all of your paperwork and organize your company for a fee. In some states, you're even able to file your LLC paperwork online in order to speed the process up even more.

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