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Advantages of A Limited Liability Company (Llc)
The LLC may be treated as a partnership or sole proprietorship for U.S. income tax purposes and also provides the limited liability of a corporation. This option may be the preferred choice for certain newoperations and joint ventures. Owners of LLCs are called ìmembers.î These are comparable to stockholders in a corporation or limited partners in a limited partnership. To create a LLC, Articles of Organization are filed with the Secretary of State, Bureau of Commercial Services, Corporation Division. The LLC must have an operating agreement. The operating agreement is a written agreement by the member of a limited liability company that has 1 member, or between all of the members of a limited liability company having more than 1 member, pertaining to the affairs of the limited liability company and the conduct of its business. If an LLC fails to adopt an operating agreement, the member or members will be unable to take full advantage of the benefits of forming an LLC and default provisions in the act will determine distribution and voting rights.
Advantages Limited liability Tax advantages Lower start-up costs than a corporation
Disadvantages Transfer of ownership more difficult than a Corporation
Filing procedures vary from state to state
Newest form of business structure and some persons or practitioners may not be completely familiar with proper organization and operating issues of a limited liability.
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