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Written by : Pinkie Rodrigue |
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hey guys Jim Hart here from Hawthorne law and today I want to talk to you about how exactly you go about forming an LLC this is a question that a lot of people have that I've gotten from a lot of different people and it's actually an easier process than you would think but it's also fraught with peril if you do it the incorrect way and so what you're going to want to do if you're starting an LLC now first of all you want to make sure then an LLC is actually the right entity for your online business and for some people it is and for some people it isn't the threshold that I use is typically if you're making under thirty five to fifty thousand dollars a year then probably an LLC is going to be a good first place for your business if you're making more than that then you might want to look at being taxed as an S corporation actually forming an S corporation or electing S corporation tax status with your LLC now I don't want to get over your heads with this information because what you want here is exactly what do you need to do to form an LLC and basically what you need to do is you form what are called or you fill out what are called articles of organization in your state and you're going to file those with your state Secretary of State's office I know that sounds like a mouthful but that's where you're filing and the reason I say you found them in your state is there's a whole bunch of reasons why you don't want to file this someplace else I hear a lot of people say well shouldn't we file them in Nevada or Wyoming or Delaware or places like this and frankly there's that's a whole lot of bull our key is that the right word larkey that that's a whole lot of nonsense it's it's that's causing you actually more trouble than it's worth because what happens when you do something like that and you don't live in that state is you still have to report all your income in your state which means you still have to register your LLC because you're doing business in your state as a foreign entity in your own state so you're actually then causing yourself to pay to filing fees in some situations so not necessarily something you want to do but that's the first thing you're going to do is you're going to go ahead and you're going to fill out that articles of organization if you're doing an LLC and you're going to file those and with your state Secretary of State's office and then you're going to also pay the filing fees in your state whatever those might be in some states they're more some states they're less there might be some other legal requirements in your city no some states require that you actually publish notification in a newspaper some states don't require that so you need to check and make sure you're filing all the proper procedures in your state where you live where you're going to be found in your LLC to make sure you do it the right way now once you've done that once you've gone ahead and filed your articles or organization once you've paid the filing fees is that it is that the only thing no it's not there's another very important piece of the puzzle here and that's to make sure that you get a standard one not a standard but you get an operating agreement in place even if you're a single member LLC and this is very important it doesn't matter you don't need an operating agreement only when you have a multi-member LLC and basically as an aside here as an owner of an LLC you're considered a member so if it's just you it's a single-member LLC if there's more than one of you it's a multi-member LLC so that's something you need to know now you need to make sure that you get this this operating agreement in place because what this is going to do it's going to protect you against anyone coming in and suing you and reaching your personal assets if you don't have something like this operating agreement in place then you know you filed your LLC yes you're an LLC but if you were to ever get sued or if the business forever gets sued the LLC is really going to provide no protection liability protection to you at all and that's one of the main reasons that people file LLC's is because they want that limited liability protection so that if somebody were to sue their business that they can't come after their personal assets that means your home your car your bank accounts your assets in your home anything like that you want to make sure that nobody can come after that so that's that's what you need to do to file your LLC otherwise known as limited liability company I'm going to have another video on how to properly fill out your operating agreement but that's what you need to know for today I hope you having a great day folks hope you're having a beautiful day I'm here in North Carolina it's a beautiful sunny day it's a little hot here towards the end of July but but it's beautiful nonetheless got a nice breeze going so have a great day folks we'll talk soon and and take care you
Thanks for your comment Hobert Lyden, have a nice day.
- Pinkie Rodrigue, Staff Member
hey guys it's clint coons here and if you ever thought about single member llc's and you thought that they weren't the best tool to use for your real estate investing asset protection i can tell you that's completely false single member llcs are one of the best entities we can use for our residential real estate when you set up a single member llc you don't have to file a tax return for it it's simple to administer the other thing is with that when you have the single member llc and you're dealing with third parties there's only one person they're looking to to make all the decision and that is you so it simplifies your life if someone tells you you don't have asset protection with single member llc's they just don't know how to set them up set it up the right way make your life easier
Thanks jaydakid2134 your participation is very much appreciated
- Pinkie Rodrigue
About the author
I've studied international trade at Chowan University in Murfreesboro and I am an expert in process engineering. I usually feel aggravated. My previous job was sanitary engineer I held this position for 2 years, I love talking about lotology (lottery ticket collecting) and football. Huge fan of Tommy Wiseau I practice floor exercises and collect police memorabilia.
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