How to set up your own LLC and become an Entrepreneur, an inside look into Business Success.
September 29, 2024 2024-09-29 18:53How to set up your own LLC and become an Entrepreneur, an inside look into Business Success.
Summary- Thinking of creating your own LLC in 2024? Find out why this year is a great time to start your own venture and how you can get started with the necessary steps towards creating an LLC. This in-depth guide has you covered — from selecting the best business name to the different types of LLCs and their advantages. Explore how Rushford’s MBA in Entrepreneurship and Innovation programme helps you to construct your business idea into a roaring venture.
Are you excited to turn your entrepreneurial dream into reality? Starting your own business is both exciting and daunting. By following the right approach, you can ensure that you set yourself up for long-term success.
Overnight triumphs are frequently reported to the public since they make for interesting headlines. It’s rarely that easy, though, though we don’t acknowledge the years of planning, developing, and positioning that go into a major public appearance. For this reason, don’t compare your achievement to that of others; instead, keep your attention on your own business journey.
Entrepreneurship has never been so accessible in today’s evolving business landscape. The promise of being the boss, advancing your career, and following your dreams is enticing for many. Forming an LLC is one of the initial steps towards achieving this goal. However, what steps are involved in forming an LLC and starting a business?
To facilitate transforming your passion into a money-making business, we have got you covered with our ultimate guide to setting up an LLC. LLCs provide the ideal level of protection and flexibility for first-time entrepreneurs and experienced professionals. But where do you begin? Read on to learn how you, too, can do it and start the process of being your own boss!
Why an LLC?
LLC is probably the most popular form of a business structure for entrepreneurs, and it doesn’t come as surprise. It combines features of corporations and partnerships but still gives you flexibility, tax benefits, and limited liability in your personal assets. If you are sued, or your business has to declare bankruptcy no part of the personal assets like a home or savings is liable for any business liabilities. A LLC also has less formalities & lower administrative burdens in comparison to a corporation.
The 7 Steps for Creating your own LLC
One reason LLCs are a popular choice for small business owners is that they can provide personal liability protection that other more complex alternatives offer, but with lower startup costs and increased management flexibility.
One of the primary benefits of incorporating an LLC is how quick and easy the process may be. Generally, it takes a few hours to file for an LLC online, and depending on the state, permission can be given in as little as a few business days.
Although it may seem like a simple procedure, knowing the seven important steps to starting an LLC can help set your business up for success and less friction.
Type of LLC | Description | Key Features |
Domestic LLC | It operates within the state where it was initially created. | – Most common type. – Simplest to create and maintain. |
Foreign LLC | It operates in a state other than the one where it was formed. | – Required to register in new states where business is conducted. – Example: Wisconsin LLC operating in California. |
Professional LLC (PLLC) | Designed for licensed professionals (e.g., doctors, lawyers). | – Includes specific laws about member qualifications. – Tailored for professionals. |
Restricted LLC | Profits cannot be distributed for a set period (usually 10 years) and must be reinvested. | – Benefits for estate planning. – Protects members from immediate tax liabilities. |
Anonymous LLC | It allows formation with personal privacy; typically involves a nominee manager. | – Protects personal privacy. – Nominee manager represents LLC publicly. |
Series LLC | Allows creation of multiple distinct business entities under one primary LLC. | -Each series has its own members, funds, and liabilities. – Minimizes risk across different business areas. |
Low-profit LLC (L3C) | Hybrid between a nonprofit and for-profit LLC structure, aimed at social objectives. | – Can earn profits but must adhere to social mission. – Attracts private investment for charitable purposes. |
Non-profit LLC | Formed for nonprofit purposes; profits must be reinvested or used for charitable goals. | – Profits must further charitable goals. – Complex tax implications; expert consultation recommended. |
Step 1: Choose Your Business Name
Your business name is the initial impact that many potential customers have when they come in contact with you, and it plays a significant part in getting their focus. The perfect name can help give your brand that special attention and make it stand out from the rest, but most importantly, it gives a sense of purpose and direction to your customers, all contributing to making them choose you over the competitor.
Still, coming up with a good business name isn’t as simple as being creative — there are legal implications to consider, and most of these will vary depending on the state you’re forming your LLC in or what type of industry it pertains to. However, you should research the rules of an individual state where your business will operate. Here are some general guidelines that most states do follow when it comes to naming an LLC:-
- Choose Unique and Distinctive name: To avoid confusion or competition for branding, make sure your business name is unique enough to differentiate you from other businesses in your state. In most cases you should be able to check if a business name is already in use by performing a simple search on your state Secretary of State website.
- Use a Business-Type Designator: Your name must be followed by an indication that your business is an LLC. That usually means sticking “Limited Liability Company” or LLC at the end of your name or whatever proper alternative is accepted in your state. It depends heavily on the state and perhaps a check with regional regulations of acceptable abbreviations.
- Avoid Restricted Terms: Certain terms, like bank or insurance, cannot be used unless and until the regulator identifies them as business names.
- Follow Trademarks: Your business name should not infringe on existing trademarks, as this could result in a lawsuit. A trademark search is essential for companies to ensure no confusion or feeling of similarity and any infringement of their brand, which not only harms the company’s reputation but also its intellectual property.
If you have a name filed out but aren’t ready to pull the trigger on your LLC, several states allow you save it for some time by submitting a Name Reservation Form and paying a minor fee. This will help you make sure your desired name is available when it comes down to launching your business.
Step 2: Designate a Registered Agent
An LLC’s registered agent, also known as a resident or statutory agent, is essential because they handle legal documents such as lawsuits and subpoenas on the firm’s behalf and make sure the right person in your company receives them on time.
All states designate who can be a registered agent according the laws of each state. Typically, the agent must be a state resident who is over 18 and has an address known as the “registered office” in that state or business entity authorized to deliver registered agent services within their prescribed jurisdiction.
In the majority of states, you can serve as your own registered agent; alternatively, you can appoint a professional registered agent service, another person, or an employee. Choosing a registered agent service could be the best course of action in the following situations:
- You operate your business out of your home and would prefer to keep your personal address hidden from public records;
- Your LLC does not have a physical address in the state where it is registered;
- No one is regularly available at your business location during regular business hours.
By employing a registered agent service guarantees that your company will continue to operate legally while preserving privacy and adaptability.
Step 3: Decide on Your LLC’s Management Structure
An LLC operating agreement is a key document that outlines your business’s operational, financial, and ownership details. It establishes guidelines for decision-making, profit distribution, and responsibilities among members.
While there are several states where an operating agreement is legally necessary, it makes sense to have on in place regardless of what your state requires. A properly drafted and thorough operating agreement will allow you to:
- Prevent legal disputes among members,
- Offer additional protection from personal liability,
- Ensure seamless business operations,
- Safeguard personal assets.
Drafting the agreement for a single-member LLC may be quite simple. In multi-member LLCs though, it may be wise to pay for an attorney to ensure the agreement is fair. Although it is an investiture that requires you to put some money down early, ultimately avoiding endless future reoccurring confrontations.
Step 4: Draft an LLC Operating Agreement
An LLC operating agreement is a key document that outlines your business’s operational, financial, and ownership details. It establishes guidelines for decision-making, profit distribution, and responsibilities among members.
While there are several states where an operating agreement is legally necessary, it makes sense to have on in place regardless of what your state requires. A properly drafted and thorough operating agreement will allow you to:
- Prevent legal disputes among members,
- Offer additional protection from personal liability,
- Ensure seamless business operations,
- Safeguard personal assets.
Drafting the agreement for a single-member LLC may be quite simple. In multi-member LLCs though, it may be wise to pay for an attorney to ensure the agreement is fair. Although it is an investiture that requires you to put some money down early, ultimately avoiding endless future reoccurring confrontations.
Step 5: File Your Articles of Organization
After deciding on a business name, a registered agent, and creating your operating agreement, the next step is to submit your LLC’s formation documents, often known as “articles of organisation.” Depending on the state, these may also be referred to as “statements of information” or “certificates of formation”.
This document typically includes details such as:
- Your LLC’s name
- Business address
- Purpose and duration of the LLC
- Whether it’s member-managed or manager-managed
- Registered agent’s name and office address
- Signatures of the LLC’s organizers
Many entrepreneurs opt to use online services for ease of filing and accuracy. However, depending on your state, the filing fee generally costs between $50-$200. Once the paperwork is filed and approved, you will receive a certificate of formation that recognizes your LLC as established.
Step 6: Obtain an EIN and Set Up a Business Bank Account
Once your LLC is established, you are required to get an employer identification number (EIN) from the relevant authorities. An EIN is a 9-digit number that works like an identification number for federal tax purposes, similar to the way someone’s Social Security Number does. If you are a single-member LLC, using an EIN instead of your personal Social Security number adds an extra layer of privacy and protection.
LLC with employees: The business bank account must have an EIN. This also applies to some LLC licenses and permits. You can fill out an application online at no charge. After obtaining your EIN, you will need to get a business bank account to keep business finances separate from personal accounts.
Step 7: Obtain Business Licenses and Permits
Because of the industry and area where you are willing to get started, there can be diverse licenses or permits that your business needs to be legally operational. These could include:
Seller’s Permit: Required by businesses selling taxable goods and services.
General Business License: Mandatory in some states or by local governments.
Industry-Specific Licenses: It includes licenses for construction permits, alcohol sales or health department certifications.
Contact local and state government offices to confirm the exact requirements for your type of business. Having the right licensing or permits in place is important to avoid hefty fines and legal issues in the future.
Why 2024 is the Year to Start an LLC
In 2024, there will be more opportunities for entrepreneurs than ever, making it the perfect moment to form an LLC. Technology has also made starting a business easier (and cheaper) than ever, with plenty of online tools and guides at your fingertips. The support for small businesses has also been raised with grants and loans that are accessible to help them succeed as long-term proven mentorship programs. Moreover, the simplified processes and lower costs of an LLC make it easier to start with less capital outlay upfront.
We also have ideal economic circumstances for startups, thanks to increasing consumer spending and a need in the market for tailored solutions. LLCs are incredibly flexible and adaptive, which makes them ideal for a fast-paced environment in the digital age where you should be able to emerging opportunities. In 2024, forming an LLC gives you a strategic advantage in realising your entrepreneurial dreams because of the increased access to capital available through investment platforms and crowd funding.
Conclusion
Planning to start an LLC in 2024 represents a unique opportunity to harness favorable economic conditions, technological advancements, and increased support for small businesses. By utilizing these trends, you can create a strong foundation for your entrepreneurial career with low entry barriers.
Turn your dream of starting a new business or running an existing organization into reality with the Rushford’s MBA in Entrepreneurship and Innovation. This program offers you the knowledge, skills, and insights necessary to develop new products, services, or solutions. This will set you up to expertly incubate, manage, and scale your winning business idea, allowing you to bring to life your dreams of becoming an entrepreneur. Discover the potential with Rushford Business School and begin on your journey to achieve your business goals.