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LLC FAQs

What is a Limited Liability Company?

A Limited Liability Company, commonly referred to as an LLC, is a legal entity that is formed at the state level to separate a business owner from his or her business. Limited Liability Companies are generally intended to provide the limited liability of Corporations and the pass-through taxation of Partnerships.

How many people are needed to form an LLC?

There are no restrictions, at the federal level or state level, on how many members your LLC is required to have. You can either have a multi-member LLC or a single-member LLC.

What is an operating agreement?

An operating agreement is a contract among the members of a LLC that governs the membership, management, operation and distribution of any income of the company. The operating agreement should be drafted directly after the LLC becomes active.

How is an LLC taxed?

An LLC is usually taxed as a partnership for federal income tax purposes. Each member will report the gains or losses of the company, in proportion to their member interest, on their personal income tax return. LLC’s can also elect to be taxed at the entity level similar to a standard Corporation.

What is the management structure of an LLC?

LLCs are owned and usually operated by its members. Unless the articles of organization or operating agreement say otherwise, the management of an LLC is vested in its members in proportion to their ownership interest in the company. Alternatively, LLCs can elect to have managers administrate the daily operation of the LLC. Keep in mind that members are considered the owners of the LLC where as managers are considered employees of the LLC.

What is the difference between an LLC and an S-Corporation?

S-Corporations and LLCs function basically the same tax wise but differ in that LLCs are not required to have a certain amount of members. The members do not have to be U.S. citizens or a Permanent Resident Aliens, in fact, the members may be Individuals, Corporations, Partnerships, other LLCs and even Non-Resident Aliens. Also, there is no restrictions on the LLC’s class or classes of member interest.

What is the publication service fee?

Some states require that a notice of organization be published in a local newspaper. These states include: Pennsylvania, Georgia, Arizona, and Nebraska. Once your LLC becomes filed and active we will then file the correct notification in your local newspaper.

What is a Employer Identification Number?

An Employer Identification Number (EIN) is a number given to your company by the federal government. You can not hire employees or open a bank account in your company's name without obtaining an Employer Identification Number. Think of it as a social security number for your business.

How do I get started?

If you choose to form your LLC through IncLaunch.com then all you have to do is complete our secure order form. After you receive your filed organizational documents you must then hold an organizational meeting where your LLC's operating agreement must be drafted. Our corporate kit includes all of the information and paperwork needed to complete this process.

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