why get an attorney for an llc

by Abel Prosacco 3 min read

An attorney can help you create solid contracts to prevent lawsuits and can defend you if someone sues you. Running an LLC also entails following numerous federal and state regulations, and an attorney can ensure you comply to all of them. He or she can also advise you on matters regarding expansion and changes in structure.

A business attorney can save time and money when business owners create a new business. For around $200 to $5,000, they can handle the items you may not have time to consider, such as: Creating an LLC operating agreement explaining your company's who, what, when, where, why, and how (required in some states).Aug 13, 2021

Full Answer

Why should I hire an LLC attorney?

Aug 13, 2021 · When To Use an Attorney for an LLC. A business attorney can save time and money when business owners create a new business. For around $200 to $5,000, they can handle the items you may not have time to consider, such as: Creating an LLC operating agreement explaining your company's who, what, when, where, why, and how (required in some states).

Is an LLC right for your business?

Running an LLC also entails following numerous federal and state regulations, and an attorney can ensure you comply to all of them. He or she can also advise you on matters regarding expansion and changes in structure. Legal services are not necessary for every business interaction, but they can definitely offer your LLC protection in many areas.

What is an LLC and how does it work?

The Advantages of LLC for a Law Firm Any law firm can choose to become incorporated as an LLC for legal and financial protection. In most cases, if one member of an LLC has a lawsuit brought against them, the other members will be protected from liability, and only the one member will be affected.

How to find a lawyer for an LLC?

Jul 22, 2021 · Reasons you might want an LLC include: Limiting your personal liability for business debts. With an LLC, only the assets owned in the name of the LLC are subject to the claims of business creditors, including lawsuits against the business. The personal assets of the LLC members cannot be claimed to satisfy business debts.

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What is LLC lawyer?

An LLC lawyer can be incredibly helpful in your first few years as a business. They can help you get started and keep your business compliant as you expand, raise money, or hire employees.

How to get legal help for LLC?

A great way to get legal help for your LLC without paying a fortune is by utilizing online legal services. Two such sites are LegalZoom and Rocket Lawyer, which have business legal plans that give you unlimited access to business legal forms and an on-call attorney for less than $40 per month.

How much does an LLC lawyer charge?

Some LLC lawyers charge a fixed rate of as low as $500 to draft and file LLC formation paperwork, and others charge as much as $3,000. For document drafting and document review, lawyers typically charge an hourly rate of $100 to $300.

How to find an LLC lawyer?

Often, the best way to find an LLC attorney is simply to get recommendations from other people who have formed a business recently or obtained help on a business legal matter.

How to register as an LLC?

These are some of the specific things an LLC attorney can help you with: 1 Determine whether your business is eligible to organize as an LLC in your state. 2 Determine which state it’s best to register in, particularly relevant if you do business in multiple states. 3 Understand whether, and why, an LLC is better for your business than other business structures, including the tax consequences of each structure. 4 Draft and file your articles of organization, which is the foundational document for an LLC that you have to file with the state to create your LLC. 5 Draft and negotiate funding agreements for your LLC with investors. 6 Help you comply with Securities and Exchange Commission (SEC) requirements if you want to raise money from investors. 7 Draft your LLC operating agreement, which creates the backbone of your LLC and specifies how you’ll make decisions and manage the business. This will cover things like how to invite new members into the business, replace members, and bind the company to business loans and important agreements. 8 Maintain meeting minutes, member resolutions, and other important LLC paperwork. 9 Understand state-specific LLC laws and how to comply with them.

What are the advantages of registering as a business entity?

The biggest advantage that you get from registering as a business entity is extra legal protection. If someone wins a lawsuit against your business, they can take only the business’s assets—your personal assets are safe. In addition, these entities work differently from a tax standpoint.

Why is it important to pick a lawyer?

The most important thing is to choose someone who has a good rapport with you and who makes you feel confident about your business and protected from risk as you grow.

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.

Why do I need an attorney for an LLC?

An attorney can help you create solid contracts to prevent lawsuits and can defend you if someone sues you. Running an LLC also entails following numerous federal and state regulations, and an attorney can ensure you comply to all of them.

Do I need legal services for LLC?

Legal services are not necessary for every business interaction, but they can definitely offer your LLC protection in many areas. For the simple stuff, use GovDocFiling to help you in filing your entity to managing payroll.

Can I have an attorney set up my business?

The law does not demand that you have an attorney help you set up your business structure. The choice is completely up to you. If you do not want to do the work and do not mind the cost, an attorney can complete the process for you. Otherwise, you can do it on your own online.

Do I need an attorney to start an LLC?

Just because you do not need an attorney to establish your LLC does not mean using one would not be beneficial in other ways. Business owners face a high risk of litigation from employees, clients, shareholders, and other companies.

What are the advantages of LLC?

The Advantages of LLC for a Law Firm. Any law firm can choose to become incorporated as an LLC for legal and financial protection. In most cases, if one member of an LLC has a lawsuit brought against them, the other members will be protected from liability, and only the one member will be affected. In some legal matters, other members ...

What is LLC in business?

What Is an LLC? An LLC is a type of company structure that protects owners (or members) from any personal or financial liabilities if the business goes under or has any legal issues, like a corporation. Unlike a corporation, however, an LLC can be taxed as a pass-through entity like a sole proprietorship or partnership.

Why is financial liability important?

Financial liability needs are also important. If the practice is going to be started with loans, the owners will want to choose a structure that protects them from massive debt if the lender will lend to the entity, rather than the individuals. Certain structures require more records and reports than other.

What is the difference between a small partnership and a large practice?

Firms with a larger number of associates will want a very clear management plan, while small partnerships may not need as much structure.

Is LLC taxed as a corporation?

The LLC itself is not taxed, so the profits are only taxed once, not twice as with a corporation. Profits for a corporation are taxed as business earnings and then again when dividends are collected as income by shareholders. If a law firm organizes as a single-owner LLC or sole proprietorship, the individual owner's company profits are taxed ...

Do LLC owners have to file articles of organization?

Owners (or members) are not required to file articles of organization with the Secretary of State. The responsibilities and protections of the company members are laid out in and governed by the operating agreement. LLC owners can decide how they would like the business to be taxed (from the entity types listed above).

Is LLC a good business?

LLCs can be a good choice as they offer the same protection as a corporation, but with less requirements, like meetings and other red tape, and different taxation. A possible downside of an LLC is that the company might be required to be dissolved upon the loss of an owner.

Why was the LLC created?

The LLC was mainly created to limit the personal liability of the owners (like a corporation), but also to allow the business to be taxed like a partnership. LLC owners are called members (comparable to shareholders in a corporation).

Who owns a corporation?

In many ways similar to an LLC, a corporation is owned by the investors (called shareholders or stockholders ), who provide the funds, assets, or services used to operate the business. The shareholders elect a board of directors, who are primarily responsible for major business decisions.

What is a limited partnership?

Limited Partnership. A limited partnership has two types of owners: general partners (who operate the business, make the decisions, and have personal liability), and limited partners (who are basically investors who do not have the right to operate the business or make business decisions, and do not have personal liability for business debts). ...

Is LLC a partnership?

LLC profits or losses are generally passed on to the members, as they would be with a partnership. You should also compare your state's fees associated with both LLCs and corporations, to see if one or the other is less expensive to form and maintain.

Can an LLC be claimed as personal assets?

The personal assets of the LLC members cannot be claimed to satisfy business debts. For most people, this is the most important reason to form an LLC. Raising capital from investors. This can be done by bringing in other members who contribute funds, property, or services to the business. Tax advantages.

Can an LLC be sued for personal liability?

Limiting your personal liability for business debts. With an LLC, only the assets owned in the name of the LLC are subject to the claims of business creditors, including lawsuits against the business. The personal assets of the LLC members cannot be claimed to satisfy business debts.

What are the advantages of LLC?

The following are the three most important to most small business owners: No Double Taxation. Since profits are not taxed at the company level, profits disbursed to members are not taxed twice. Less Paperwork.

What is LLC in business?

An LLC is a distinct corporate entity with the ability to use its own a tax identification number, open a bank account and do business under its own name. The LLC operates as a type of hybrid of a corporation and a partnership. Like a corporation, an LLC limits the legal liabilities of the owners, called "members.".

What is an operating agreement for LLC?

An LLC is governed by an operating agreement that details member responsibilities, operating procedures, governance, and any other business and legal frameworks needed. LLCs are offered a lot of flexibility in terms of structure, which means that the operating agreement is vitally important. In an operating agreement, you can select tax structure, member rights, and really just about any facet of your business to fit the needs of your business. Unlike bylaws for a corporation, in most states, an operating agreement is optional (though adviseable) for an LLC. Many single-member LLCs operate without an operating agreement.

How much does it cost to form an LLC?

When you hire a lawyer in the Priori network, forming your LLC and drafting an operating agreement typically costs anywhere from $350-$1000 for a single-member LLC and from $750-$5000 for a multi-member LLC. In order to get a better sense of cost for your particular situation, put in a request to schedule a complimentary consultation and receive a free price quote from one of our lawyers.

Is LLC a pass through entity?

Like a partnership, the LLC is a pass-though entity for tax purposes, which means that individual members are taxed only once on any profits to the LLC, as a form of personal income (unless they elect otherwise in the Operating Agreement).

Can an LLC issue stocks?

Most investors prefer to only invest in C-Corps, due to the predictable structure and the ease with which they can be issued stocks. LLCs cannot issue stocks, which means that becoming a member is generally more complex. If you are looking to go public, an LLC may not be the best choice. Higher Personal Taxes.

Is LLC a good option for a small business?

Forming your business as an LLC, or Limited Liability Company, allows you to do this quickly and flexibly, while minimizing your tax burden. When you are ready to formally separate your business and personal assets, but don’t intend to go public or take on outside investment, an LLC can be a great option. Weighing the pros and cons of an any business structure is critical, which is why discussing your options with an experienced corporate lawyer in the Priori network can help you make the optimal, best-informed decision.

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 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 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.

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 series LLC?

A series LLC is an LLC whose articles of formation allow for unlimited segregation of membership interests, assets, and operations into independent series. Each series operates like a separate entity with a unique name, bank account, and separate books and records.

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.

Is LLC a C corporation?

LLCs can choose to be taxed as a C corporation or an S corporation. Either way, the LLC owners ordinarily work as employees of the corporations. With C corporation taxation, the corporation pays taxes on the business profits at the corporate tax rate. The C corporation tax rate is 21%, much lower that of most individual rates.

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