There are several types of business entities which can be formed. It is recommended that you read Types of Business Entities before going forward with the Limited Liability Company Worksheet. If you determine that a limited liability company is the proper type of entity for your needs, you can use this LLC Worksheet to organize the information a lawyer or other advisor will need to prepare the documents necessary to form the limited liability company ("LLC"). Most likely, the LLC should be formed under the laws of the state in which the business operations of the LLC will be located. Otherwise, the LLC will need to qualify as a "foreign" LLC in the state where it will operate, and it may be necessary to pay annual fees and license taxes in both states. An LLC is formed by filing "Articles of Organization" (also referred to as a "Certificate of Organization" or "Certificate of Formation," depending on state law) with the state's Secretary of State. The Articles must contain a minimum set of required information; other information is optional. A filing fee must be paid when the Articles are filed. In conjunction with the filing of the Articles, it is necessary to also prepare an Operating Agreement. This document is similar to a partnership agreement, because it defines how the LLC will be operated and managed, and how the profits and losses will be distributed. The formation of an LLC may also be subject to federal and/or state securities laws, especially if all of the owners ("members") will not be actively managing the LLC. Consult an attorney or other advisor for further information. |