A name for your LLC is one of the most important decisions you’ll make. It should evoke the business you want to create, but also be unique enough to stand out from the crowd.
The name you choose must be available for registration in your state. You can check for availability in an online database provided by your secretary of state’s office.
Articles of Incorporation
Articles of incorporation are the legal documents that make an llc an official business entity. They establish the company’s rights, powers, duties, and liabilities at a state level, as well as the relationship between LLC members.
Incorporating a business offers several advantages, including more favorable tax rates and protection from personal liability. However, forming a corporation must be done in a state that has laws designed to protect business owners and companies.
Most states require an LLC to file articles of incorporation with their Secretary of State’s office. They also require a principal office street address for the business, as well as the names of the members and managers who will operate the LLC.
Many states have an LLC form ready to download, which makes the process of writing articles of incorporation simpler. However, each state has its own set of rules and requirements for filing articles of incorporation, so be sure to check with yours before you start the process.
Bylaws
If you are forming an LLC, it is essential to write up a set of bylaws. These documents lay out the basics of operating your business and define the internal rules and procedures.
They should be drafted by an attorney or other qualified business professional who can understand the company and its goals. They should also specify the responsibilities of board members and officers.
A company’s bylaws should also describe how the board of directors is elected and how long they are in office. It should also explain how membership changes and transfers are handled.
Depending on your state’s laws, your bylaws can also address the rights of shareholders and owners to vote on major issues. For example, you should specify that amending the articles of organization or the operating agreement requires a unanimous vote.
Operating Agreement
An operating agreement is a document that defines the legal structure and rules of operation for your limited liability company. It is not required in every state, but it is important to have one in place to protect your business and personal assets from claims.
An LLC operating agreement is also a great way to outline your succession plan. It helps protect your family’s interests, as well as the business, in case you are no longer able to run the business.
A typical operating agreement includes a description of the operations, management and financing details. It also outlines buy-sell provisions (how members can transfer their shares in the business to others), voting percentages, and how managers get appointed.
The operating agreement should include a section on confidentiality, which outlines how members and managers will protect confidential information that may be disclosed to third parties. This is particularly important if the business holds sensitive information that can lead to litigation if shared.
Members’ Shares
When choosing an LLC name, you should think ahead and choose something that is memorable and distinctive. It will help you attract clients and customers who are looking for the type of services or products you provide.
An LLC has a number of benefits over a corporation, including tax advantages and protection against creditors. In addition, a limited liability company can operate as a pass-through entity, meaning profits are not taxed at the corporate level.
In an LLC, members are often required to sign an operating agreement which describes how the business will be run and the rights of members and managers. Management structure is also a key factor in an LLC’s success, with members managing the business either through their own efforts or by electing management groups.
Owners can own different types of membership interests, such as nonvoting or preferred interests. The operating agreement should specify the rights and preferences of each ownership type, and each Member’s ownership can be divided into Units or shares rather than a simple “interest” in the LLC. This can give owners flexibility to apportion income in the way that suits them best.
