what is an attorney with llc

by Franz Donnelly Sr. 4 min read

An LLC attorney can help you understand if an LLC is in fact the best legal structure for your business, help you establish your LLC, and help you define the financial and management structure of the LLC as you grow the company to the next level.

An LLC attorney can help you understand if an LLC is in fact the best legal structure for your business, help you establish your LLC, and help you define the financial and management structure of the LLC as you grow the company to the next level.Oct 28, 2020

Full Answer

Should you hire a lawyer for your LLC?

Do I Need an Attorney to Help Me Form an LLC? If you are interested in forming an LLC, you should contact a business lawyer. A business lawyer can advise you as to formation and filing requirements. The attorney can also explain tax and insurance requirements that apply to the LLC. A business lawyer can also represent the LLC in legal proceedings.

How to find a LLC lawyer?

Mar 17, 2022 · Get the right guidance with an attorney by your side. Our network attorneys have an average customer rating of 4.8 out of 5 stars.

Do I need a lawyer to start a LLC?

Aug 13, 2021 · There is no legal requirement to hire an attorney to form an LLC. Most states allow LLC formation by registering the business entity on your secretary of state's website and with the Internal Revenue Service (IRS). LLCs provide advantages over sole proprietorships and general partnerships. Their structure gives limited liability protection to ...

Does a LLC need a lawyer in court?

An LLC’s Attorney Represents the LLC’s Members Too, Right? By Kevin Brodehl, November 19, 2019 Not long ago, The LLC Jungle posted an article addressing the perils of attorney representation of an LLC with two equal “co-managing members.” See Why Having “Co-Managers” for Your LLC is a Terrible Idea.. This post addresses another common source of confusion …

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What is the difference between an authorized member and a manager in an LLC?

What is the difference between a "member" and a "manager" of an LLC? A member is an owner of the LLC and is similar to a stockholder of a corporation. A manager is a person chosen by the members to manage the LLC and is similar to a director of a corporation.May 18, 2021

What is LLC considered?

A Limited Liability Company (LLC) is an entity created by state statute. Depending on elections made by the LLC and the number of members, the IRS will treat an LLC either as a corporation, partnership, or as part of the owner's tax return (a disregarded entity).Nov 10, 2021

Do I need a lawyer to form an LLC in Texas?

Although a business lawyer is not required, setting up an LLC without one may result in complex legal issues that may end up costing your LLC a significant expense. There are many reasons why it's beneficial to hire an experienced small business attorney in forming your LLC in Texas.Jun 17, 2021

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 is the purpose of an LLC?

The purpose of an LLC, or a limited liability company, is to shield the business owner from personal liability for the company's debts. Most states allow residents, individuals who live outside the state or country, other LLCs, corporations, pension plans, and trusts to serve as LLC owners.

What are some advantages of an LLC?

Some of the benefits of an LLC include personal liability protection, tax flexibility, their easy startup process, less compliance paperwork, management flexibility, distribution flexibility, few ownership restrictions, charging orders, and the credibility they can give a business.Feb 2, 2022

How much does an LLC cost in Texas?

a $300How much does it cost to form an LLC in Texas? The Texas Secretary of State charges a $300 filing fee, plus an additional state-mandated 2.7% convenience fee to file an LLC Certificate of Formation.

Can a law firm be an LLC in Texas?

Under Texas law (Texas Business Organizations Code § 301.001), PLLC ownership and management must adhere to certain restrictions and requirements. A PLLC is an excellent option for licensed professionals not permitted to form an LLC under Texas law.Apr 15, 2020

What can you do with an LLC?

An LLC is most often used to operate a business (you can have multiple businesses in one LLC), but LLCs can also be used to take title to assets. For example, an LLC can be created to own real estate (when should I form an LLC for real estate?), vehicles, boats, and aircraft.Dec 2, 2021

What is the downside to an LLC?

Disadvantages of creating an LLC Cost: An LLC usually costs more to form and maintain than a sole proprietorship or general partnership. States charge an initial formation fee. Many states also impose ongoing fees, such as annual report and/or franchise tax fees.

Does having an LLC help with taxes?

An LLC can help you avoid double taxation unless you structure the entity as a corporation for tax purposes. Business expenses. LLC members may take tax deductions for legitimate business expenses, including the cost of forming the LLC, on their personal returns.Oct 25, 2021

Should I get 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.Sep 1, 2021

How to create an LLC?

Forming an LLC requires following a series of steps. These include: 1 Determining who will be members of the LLC. 2 Creating a unique business name. 3 Filing the articles of organization. These documents are usually filed with your state’s Secretary of State. 4 Filing an operating agreement, if required by state law.

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.

Do LLCs pay taxes?

In addition, LLCs, like partnerships, are not taxed at the “entity level.”. This means that unlike corporations, they do not pay taxes as an LLC. The only taxes paid are paid by individual members who have earned profit. There are downsides to organizing as an LLC.

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.

Is LLC income taxed?

Unlike corporations income, LLC income is only taxed once. In other words, the income “passes through” the LLC, and is only taxed at the individual member level. Partnerships, sole proprietorships, and limited partnerships, also have this tax structure. Limited liability companies differ from corporations in terms of ownership structure.

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.

Can an LLC be sued for negligence?

While the LLC form protects members’ personal assets from a lawsuit, the situation is different if the lawsuit involves a claim of LLC member negligence. If a court determines an LLC member has acted negligently, the member can be individually liable for that negligence.

Pros and Cons of Running a Nevada LLC

Before setting up a limited liability company or LLC in Nevada, you should compare the pros and cons of a Nevada LLC with other forms of business…

Is it better to have an LLC or DBA?

Your choice will likely come down to cost and the level of liability protection you need. Find if a DBA or LLC is right for you.

Do LLCs Have Stock?

If you're thinking about incorporating your startup, you may hear how you need an attorney. But before you hire one—know that you can to it yourself.

Should You Convert Your LLC to a Corporation?

If your business goals are incompatible with the structure of an LLC, it might be time to consider converting into a corporation—but it's important…

The Definition of an LLC Managing Member

If you're deciding whether your LLC should be member-managed or manager-managed, first learn what an LLC managing member does and consider the tax…

How to Start an LLC in Minnesota

Looking to start an LLC in Minnesota? This handy guide has the info you need to get up and running.

How to Start an LLC in Wisconsin

You'll have an LLC in Wisconsin before you know it with this handy guide.

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 to start an LLC?

If you do not need LLC formation services, but need help with your new business, you may want to consider: 1 Employment law attorneys to create employment contracts and HR policies 2 Intellectual property lawyers to review your products or services to make sure they are protected 3 Tax lawyers to review your income tax and tax returns to ensure you are not leaving money on the table 4 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 5 General counsel to review compliance with state laws, state agencies, state fees, or annual fees 6 Real estate attorneys to register your business offices or production space

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 limited liability?

The entire purpose of the corporate (or LLC) structure is to limit an investor’s exposure solely to the assets it puts into the entity. In other words, to make sure you don’t lose your house.

What is a consigliere?

Consigliere – A Sounding Board. Whether you are starting your first company or your fiftieth, early days generally bring long hours, hard work, and a multitude of questions both legal and not, often in what amounts to a vacuum for the new founders.

How many bills has Jerry Brown signed?

California Gov. Jerry Brown recently completed acting on the 1,217 bills that came across his desk this year. He has signed 1,016 of them into law, with the majority taking effect...

Where did Richard Hoeg go to law school?

Richard ("Rick") Hoeg received his undergraduate degree in Economics from Hillsdale College before attending the world-renowned University of Michigan Law School where he graduated in the top 5 of his class.

Is the modern world a specialized one?

The modern world is a specialized one. That business you’re starting ? It probably isn’t aimed at being a multinational conglomerate (at least, not from the start). Instead, chances are you’ve decided to start a business because you’ve identified a hole in the market or an underserved customer base; a place where your specialized knowledge or skill will help differentiate your brand from everyone else’s.

Can an attorney represent an LLC?

As a general rule, an attorney representing an LLC does not also impliedly represent the LLC’s individual members. While there are exceptions to this rule, LLC members should presume that the LLC’s attorneys are not necessarily looking out for their best interests as members.

Can an attorney represent a business entity?

The Court first confirmed the general rule: when representing a business entity, an attorney’s client is the entity, not the individual stakeholders, and the individual stakeholders “cannot presume that corporate counsel is protecting their interests.”. As with almost every legal rule, however, there are exceptions.

What does LLC stand for?

LLC stands for "limited liability company.". An LLC is one type of legal entity that can be formed to own and operate a business. LLCs are very popular because they provide the same limited liability as a corporation, but are easier and cheaper to form and run. For an introduction, see " LLC Basics ".

What is the difference between a professional LLC and a regular LLC?

The main difference between professional and regular LLCs is that all the members of a professional LLC must hold a professional license.

What is personal asset protection?

Personal asset protection. An LLC provides its owner or owners with limited liability. This means that means you—the LLC owner—are generally not personally liable for any debts incurred by your LLC business or most business-related lawsuits.

What is an LLC member managed?

Most LLCs are member-managed. With this approach all the members (owners) of the LLC share responsibility for the day-to-day running of the business. This approach is more common in part because most LLCs are small businesses with limited resources and they don't need a separate management level to operate.

What is the tax rate for a C corporation?

The C corporation tax rate is 21%, much lower that of most individual rates. With S corporation treatment, the LLC remains a pass-through entity, with profits passed through the business to the owners to be taxed at their individual tax rates.

How many members does an LLC have?

Many LLCs have only one member, but an LLC can have five or ten or hundreds of members. LLCs can be managed by their members--that is, all the owners share responsibility for the day-to-day running of the business. LLCs also have the option of designating one or more managers to run the business.

What is a sole proprietorship?

A sole proprietor personally owns a business and all its assets. There is no separate business entity involved. The sole proprietor is personally liable for all business debts and lawsuits. This means that creditors or lawsuit plaintiffs can reach the proprietor's personal assets to satisfy a debt or judgment.

What is LLC partnership?

What is an LLC Partnership? This LLC partnership article refers to two types of business entities: a limited liability company (LLC) and a partnership. While they are similar legal forms, they differ by way of personal liability, management controls, formal processes, and other characteristics.

How many votes does each partner have in a partnership?

Each partner has one vote in decisions regarding the partnership, regardless of how much each partner invests. Key business determinations come from majority votes. So, partners can nudge co-owners to agree with their ideas for the business. One or more partner be the daily operator of the general partnership.

Do LLCs have to keep meeting minutes?

There are no requirements to keep records or meeting minutes if a partnership isn’t state registered. LLCs must follow some state rules for record-keeping and have meetings, as well as keep separation from members’ personal activities. If state-formed, a partnership or LLC must make periodic reports to the state.

What is LLC in business?

An LLC, which is also known as a limited liability company, is a popular type of business to enact, and it has similar features to another legal structure called a partnership. They are similar in how they are formed and the “pass-through” taxation method but differ by features such as participant liability.

Can a sole proprietorship be converted to an LLC?

The short answer is “yes.”. You can turn a sole proprietorship or partnership into an LLC to obtain personal property protection without altering the taxation structure of the company income . To do so: Fill out a straightforward form in certain states to convert the business to an LLC.

What is partnership in business?

A partnership is a kind of business with many partners, who are essentially co-owners. To form a partnership: You must have two or more parties who agree to own the business and operate it for-profit. The partners share in management activities equally and share the business’ financial gains and losses.

Is LLC more expensive than partnership?

Beginning an LLC is more expensive than a partnership or sole proprietorship. More paperwork. There are no organizing guidelines for a sole proprietorship or partnership; not even a written agreement is necessary. An LLC, however, requires more organization to set it up.

What is LLC in Pennsylvania?

Pennsylvania. Texas. Idaho. Oklahoma. A Limited Liability Company (LLC) is a type of business enterprise that combines elements of a corporation and a partnership together. The key feature of an LLC is that the LLC itself is not a taxable entity, it is actually a pass-through tax entity. This means that individual LLC owners report business losses ...

What is Mario's firm?

Mario's firm focuses on serving growth companies throughout the venture capital life cycle from startups to public companies. The firm provides services related to business law, specifically corporate, securities, business combinations and commercial transactions. He has also helped foreign clients in the acquisitions of businesses in the U.S., Canada, Europe, the Middle East, and South America.

Who is Seth Wiener?

As an experienced trial lawyer and litigator, Seth Wiener has resolved numerous federal and state litigations. His cases have included everything from family law to bankruptcy to fraud and more. Before Seth formed his own firm, the Law Office of Seth W. Wiener, he worked for several prominent law offices where he gained a great deal of experience.

Who is Steven Stark?

For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.

Who is Richard Gora?

Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.

Who is Alejandro Maher?

Alejandro Maher’s firm specializes in domestic and international corporate transactions, commercial litigation, and arbitration. He has represented individual investors, entrepreneurs, and emerging-growth companies in matters of public and private offerings of equity, M&A, and real estate financing. Currently, Alejandro has over 50 domestic and international clients.

What is Bradley Rothschild's job?

Creativity is key for Bradley Rothschild, a real estate, business, intellectual property, and entertainment attorney . When clients need an attorney who will think outside the box for them - Mr. Rothschild is the right person for the job. He focuses on not only solving problems, but also on serving the whole client and preventing problems.

How much does it cost to amend an LLC?

Amendments ($129): If you need to amend your LLC’s formation documents to reflect important changes made to your business, LegalZoom will file amendments for $129 each, plus the state fee. This price is a bit higher than most competitors charge, as the industry standard is around $100.

What is a DBA name?

DBA Name ($99): A DBA (doing business as) name is an alternative to forming a business entity, as it gives you the legal right to use an assumed business name. The $99 price point is roughly the industry standard. Annual Report ($55): Most states require some sort of annual or biennial report from entrepreneurs.

When did LegalZoom start?

Since opening in 1999, LegalZoom has built its brand to be the most well-known LLC formation service available. There are dozens of service providers that will form an LLC for you online, but LegalZoom is by far the most recognizable brand, thanks to its millions of customers and extensive advertising campaigns.

Do you have to reserve your name before forming an LLC?

In general, this is only necessary if you aren’t yet ready to enter the LLC formation process. If you’re ready to start your business, there’s no reason to reserve your name before forming your LLC with LegalZoom.

Does LegalZoom have a money back guarantee?

LegalZoom offers a 100% money-back satisfaction guarantee that you can leverage at any time within 60 days of your purchase.

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Expertise – Navigating The Sea of Options

  • The modern world is a specialized one. That business you’re starting? It probably isn’t aimed at being a multinational conglomerate (at least, not from the start). Instead, chances are you’ve decided to start a business because you’ve identified a hole in the market or an underserved customer base; a place where your specialized knowledge or skill will help differentiate your bra…
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Experience – They’Ve Seen It Before

  • You probably didn’t get your great business idea just from reading books about great business ideas, and attorneys didn’t get where they are solely by reading statutes, case studies, and bar review articles. Depending on the attorney, chances are they have worked on dozens if not hundreds of company formations. There is significant value in that experience, in knowing how t…
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Cost – Saving More Than You Spend

  • No one wants to spend money on things they don’t need, especially a brand new start-up paying every single cost out of pocket. But while it is easy to approach legal fees as a “cost center”, especially in the early days, for the most part it is anything but. Consider the average company. Your company. Consider the time and expense needed to (i) ship a product or service exactly as …
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Consigliere – A Sounding Board

  • Whether you are starting your first company or your fiftieth, early days generally bring long hours, hard work, and a multitude of questions both legal and not, often in what amounts to a vacuum for the new founders. Having a good attorney on call can be useful for more than just asking questions about the Delaware General Corporation Law. Your attorney will have seen many busi…
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Networking – The First Professional

  • Running a business (and funding one), is not an easy task. In the course of a given year, the average small business might need: (i) general company counsel, (ii) accounting services, (iii) banking services, (iv) payroll services, (v) labor counsel, (vi) IP counsel, (vii) real estate services (or counsel), (viii) funding sources(angel, institutional, or otherwise), etc. For the same reasons t…
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Limited Liability – The Reason For All This

  • Though last on this last, the concept of “limited liability” is perhaps the most important one to discuss. In general, you are putting yourself through all the effort, expense, and time commitment of creating a separate legal entity because you don’t want your new business’s liabilities to be your own. The entire purpose of the corporate (or LLC) structure is to limit an investor’s exposur…
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