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How to Determine If Your Business Is Eligible to Become a Limited Liability Company

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By eHow Contributing Writer
(7 Ratings)

To determine if your business is eligible to become a limited liability company, it's essential to understand why people choose this business model. The limited liability company, or LLC, is used mainly as a way to protect business owners from personal liability for debt. An LLC is more complex to set up than a sole proprietorship or a partnership, but in many cases, the benefits outweigh the costs.

Difficulty: Moderately Easy
Instructions

Things You'll Need:

  • Computer with Internet access
  • Legal consultation
  1. Step 1

    Sit down with your small business adviser or attorney to determine how much effort and money you want to spend to set up the business. If you want a simple start-up and have limited capital, then starting as a sole proprietorship or partnership might make the most sense. You can always change your status.

  2. Step 2

    Consider the personal liability you are likely to see as a business owner. If you expect a high degree of personal liability, it might make good sense to form an LLC right off the bat, regardless of expense.

  3. Step 3

    Consult your lawyer to draw up the articles of organization for a limited liability company if you've decided your business is eligible to become an LLC. Your lawyer will also be useful in helping you and your partners create the operating agreement.

  4. Step 4

    Prepare for a couple weeks of processing, in most states, to create your limited liability company.

Tips & Warnings
  • Seeking advice from the Small Business Administration, as well as a good small business attorney, in the initial stages of your business will help you make the right decision as to its structure.
  • Though choosing to be an LLC will limit your liability when it comes to financial risk, it is not a cure-all for liability issues. You will still stand to lose your investment in the company should your LLC's assets get seized, for instance.

Comments  

jacksonly said

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on 4/27/2008 Hello,I'm from North Carolina& I think it's a very good thing to take out LLC.I have a small wholesale/retail business,I own the business but my brother helps me as much as he can.My Parents ( which I LOVE very much ) have a fairly good size produce farm.There's not but four in my entire family. We all still work other full time jobs out away from the home. My Dad retired 3 years ago & my Mom says she is not going to retire. I've been with the State of N. C. for 28 years. I have & my mother has a small retirement, but my Father nor does my older brother.( my only brother).My parents are in there 70's. My brother and me are in our mid to late 40's. We still work and farm, but my brother has been working with the computers for 30 years. I'll shut up now, If you can help me with the cheapest way to get my LLC please e-mail rlamonds@embarqmail.com (my business e-mail is randrunlimitedonli

jacksonly said

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on 4/27/2008 Hello, I'm from North Carolina & I think It's a very good thing to take out LLC. I have a small wholesale/retail business, I own the business but my brother helps me every chance that he gets. We both have a full time job besides my business. My parents have a produce farm and I've worked for the state of N.C. for 28 years. We also work on the farm with our parents. I live alone and want to know all about LLC License.Me & my entire family do everything HONEST ! ! Any information & help will be GREATLY Appreciated. My e-mail: www.rlamonds@embarqmail.com My business is www.randrunlimitedonline.com God bless you & our Military & our Leaders ! ! Thanks Again Rex

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