Did you know that there are 33.2 million small businesses in the US? With that number increasing each passing year, it’s clear how crucial it is for organizations to form shared ownership. Most businesses are considered LLCs, which stands for “limited liability company.”
However, there have been a few minor mistakes throughout the years that have deterred the LLC setup process. Nevertheless, you may have gotten through the rough patches in the past, but you’re apprehensive as to how to avoid those same mistakes.
Keep reading below to learn the common LLC setup mistakes that you should be aware of.
1. Deciding on the Wrong State to Register Your LLC
Many entrepreneurs fail to understand the consequences of this decision. LLC laws by state can vary greatly. In some cases, the state chosen may not offer certain protections and benefits the business might need.
To avoid this mistake, business owners should thoroughly research the relevant rules and regulations of any state they are considering registering in. Make sure that it meets their needs and that they are able to comply.
2. Not Establishing a Proper Management Structure
Without structure, the LLC may lack the authority and responsibility needed to handle the administrative tasks of running a business. This can cause problems like disputes between the owners or a lack of direction for the company.
To avoid this, members should designate roles and elect a manager to act as the LLC’s representative. Members should create an operating agreement that outlines how decisions should be made and by whom. By addressing these issues upfront, LLCs can avoid management chaos and ensure the longevity of their business.
If you are a doctor, you might want to look into this article about how LLCs can protect doctors. This will help you make the right decision for your business.
3. Exceeding the Number of Members Allowed
LLCs are typically owned by one or more members. They each must have a one-percent or greater stake in the business. State regulations require businesses to limit the number of members. If a business exceeds that number, it can be subject to fines or other penalties.
To avoid this mistake, you should always be aware of the regulations in your state. Know the maximum number of members that are allowed. When in doubt, it’s best to consult a qualified lawyer to ensure you’re complying with all applicable regulations.
4. Jumping Into LLC Operating Agreements Without Professional Guidance
Operating agreements are legal documents made up of specific rules and regulations. It should be written and reviewed by experienced legal professionals. Without assistance, LLCs are putting themselves at risk of non-compliance and other legal issues.
To avoid this, it is important to consult an attorney to ensure that the agreement is legally sound. An experienced lawyer can provide invaluable information and guidance. They can also answer any questions that arise throughout the process.
Exploring the Common LLC Setup Mistakes
Common LLC setup mistakes can lead to costly consequences in the future. Being mindful of forming an LLC in the correct manner and following the appropriate protocols is essential for ensuring a solid legal and business entity.
With proper guidance and planning from experienced tax and legal professionals, businesses can successfully form an LLC and avoid the common pitfalls. Start now by connecting with an experienced counselor for your next business venture.
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