A limited liability company (or Colorado LLC) is the US-specific version of an international corporation. It’s a legal business structure which, instead of having a single board of directors, has a series of different (usually passive) directors who are all individually liable for the business’s debts and responsibilities, although only one of them can actually act on behalf of the company at any given time. This is different from a corporation, which has a single board of directors who report directly to the shareholders (who also own the company). For these reasons, limited liability companies often have a lower cost of ownership than corporations. Limited liability companies are usually set up as a limited liability company, or LLC, and have their own separate address, which is why they are sometimes called “pass-through” corporations.
LLCs have many benefits over corporations, including limited liability, but there are a few drawbacks as well. For one, the limited liability means that if a member of the LLC colludes with others to start a fraud, the limited liability company has very little protection against that sort of thing, even if the members are individually responsible for the LLC’s fraud. Another drawback to limited liability is that it makes it difficult to change the LLC’s Articles of Organization, which require two unanimous votes to alter. Because of this, many new LLCs are started as an entity, rather than as a sole proprietorship, which is how most private corporations were started. And finally, LLCs are not subjected to the same filing and reporting requirements as most other types of businesses, like sole proprietorships, partnerships, and corporations. These differences mean that some limited liability businesses, such as real estate agents, may be subject to accounting regulations when they use a limited liability company for their transactions.
Forming a Limited Liability Company is fairly simple. All that is required is that you and a few other people sign a document of legal standing called an Operating Agreement. The Operating Agreement is what governs how the LLC will be run, and its members. The Operating Agreement is considered to be a separate document from the rest of the LLC’s documents, but it still needs to be filed with the state in which you live for tax purposes. Once your operating agreement is filed with your state, you and your LLC will be considered a valid business entity for tax purposes, making it much simpler to track your tax returns.
The Operating Agreement is absolutely crucial because it sets up the rules for how your limited liability company will be managed and how its members will make their profits. It also describes how the LLC will obtain its funds, who should be the controllers of the LLC, and what kind of management costs there are likely to be. If you decide to incorporate a limited liability company, rather than forming a partnership, then your operating agreement will be very important. There are several other documents that you will need to form, including a Certificate of Association, Articles of Organization, Annual Fund Reports, Operating Agreement, and Cash and Deposits Summary Reports. These documents will help your limited liability company stay organized and prevent potential problems down the road.
Limited liability companies may be run by individuals or by corporations. The majority of limited liability company (LLC) businesses are run by individuals, although there are some exceptions. Most individuals start an LLC to save time when doing business, since most businesses require formal corporate paperwork and licensing before operating legally. LLCs can also be run by corporations, although this is not common. Some corporations use an LLC as a way to separate themselves from other corporations, which can limit their liability if they become the subject of a lawsuit.
For many small business owners, incorporating an LLC is the best choice available. This means that limited liability company (LLC) fees are generally much less than those required by corporations. In addition, there are few chances that an individual will face corporate tax issues, as the majority of business owners are not actively using their businesses as tax avoidance vehicles. Lastly, incorporating an LLC offers the limited liability protection to the owners. Debtors are not protected by the corporate shield, and they are not able to collect debts against the owners of the limited liability company (LLC).