REGISTERING A LIMITED LIABILITY COMPANY ✅ BUSINESS ✅ SERVICES

Stage 1. Consultation and Jurisdiction Selection

Lawyer's Actions:

Analysis of client's business objectives (type of activity, location, tax benefits).
Recommendations for state of registration (Delaware, Wyoming, California, etc.).
Explanation of advantages and risks of each jurisdiction.

Stage 2. Preparation and Filing of Formation Documents (Articles of Organization)

Lawyer's Actions:

Preparation of formation documents according to the requirements of the chosen state.
Verification and reservation of company name availability.
Filing documents with the appropriate state authority (typically Secretary of State).
Payment of registration fees.

Stage 3. Obtaining EIN (Employer Identification Number) from IRS

Lawyer's Actions:

Preparation and submission of SS-4 form to the U.S. Internal Revenue Service (IRS).
Client representation when needed (especially for non-U.S. residents).
Obtaining EIN and providing it to the client.

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Registration of a Limited Liability Company (LLC)

Limited Liability Company (LLC) – one of the most popular business structures for operating in the USA. It combines management flexibility, tax benefits, and asset protection for owners. LLC registration is governed by state laws, allowing businesses to choose the optimal jurisdiction based on their specific needs.

Advantages of an LLC

Limited liability – personal assets of the owners are protected from company liabilities.
Tax flexibility – the option to choose between pass-through taxation or corporate taxation.
Management simplicity – no strict requirements for shareholder meetings or record-keeping, unlike corporations.
Minimal reporting requirements – in most states, LLCs are not required to file complex financial reports.

Key Documents for Registration

Certificate of Formation (Articles of Organization) – the primary document filed with the Secretary of State of the chosen state. It includes the company name, address, registered agent details, and information about the founders.
Operating Agreement – an internal agreement outlining member rights and responsibilities, profit distribution, and management procedures. While not required in all states, it is crucial for protecting owners' interests.
Employer Identification Number (EIN) – a tax identification number obtained from the IRS for tax purposes, opening a bank account, and hiring employees.

Choosing a State for Registration

Delaware, Wyoming, and Nevada – popular jurisdictions due to low taxes and flexible regulations.
California, New York, Texas – suitable for businesses operating directly in these states but may require additional licenses and fees.

Post-Registration Responsibilities

Annual reporting – some states require filing an Annual Report and paying a franchise tax.
Compliance with local requirements – obtaining business licenses and registering with state tax authorities.
Maintaining a registered agent – a mandatory requirement for a legal address and receiving official correspondence.