LLC

How to Become an LLC: 5 Easy Steps

By IncNow August 31, 2022
5 steps

If you have your own business, you may benefit by forming an LLC. An LLC keeps an owner’s personal assets separate from any business assets. LLCs can protect owners from liability in the event of a legal dispute with a creditor, or even a business partner. This is true even if your business does not […]

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What are the Record-Keeping Requirements for a Series LLC?

By Matthew Dochnal August 5, 2022

A Series LLC  allows you to take one LLC and break it down into its component parts. One parent LLC has the ability to form an unlimited number of separate, protected series. Each of these protected series is a legal person able to hold assets. The statute shields the assets of each protected series from […]

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Should I use a Series LLC, Multiple LLCs, or an Umbrella LLC?

By IncNow July 11, 2022

Serial entrepreneurs often explore multiple opportunities simultaneously. To start a new line of business, you may not need a whole new LLC. You can use your current LLC and put various lines of business under one entity. This practice is often referred to as forming an Umbrella LLC structure. Using an Umbrella LLC for multiple […]

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What is an Umbrella LLC?

By IncNow May 23, 2022
umbrella

A serial entrepreneur will often form multiple “brother-sister” companies to keep their assets from becoming commingled. But having partners that own an interest in each of these companies can generate separate partnership tax returns for each entity. One way to simplify this is to form a holding company with the partners. You can reduce the […]

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The Difference Between the Delaware LLC and Corporation

By IncNow April 26, 2022
LLC vs Inc

The Delaware Limited Liability Company Compares Favorably to the Delaware Corporation When starting a business, you probably have a lot of questions, including “Is an LLC a corporation?” and “Where should I incorporate?”. You do not have to incorporate in your home state if the laws there are unfavorable to protecting you. Instead, you can […]

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Does My Delaware LLC Have To Pay Franchise Tax?

By IncNow
franchise tax

If you’ve formed an LLC but haven’t done business this year, you may be wondering if you need to pay the Delaware franchise tax. Here’s what you need to know. What Is the Delaware Franchise Tax, Again? Franchise “Tax” is often misinterpreted to mean that the fee will be calculated based on profits or capitalization, […]

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How to Verify Business Ownership for Your LLC

By IncNow April 8, 2022
LLC ownership

At some point, you may be asked to show proof of ownership, also known as proof of entity, for your LLC. The request often happens when you open a business bank account. If you’ve never needed to prove that you own your LLC, it’s understandable that you might be unsure of what to do next. […]

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What Is a Subsidiary Company, Exactly?

By IncNow
Google headquarters with statue in front

People throw around the term ‘subsidiary’ in business. Google, for example, recently made headlines when it was announced that its parent company, Alphabet Inc., is breaking into subsidiaries. It’s understandable that you might not be exactly clear on what it means. Subsidiaries are important but often fail to get the attention they deserve. Business and […]

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Who Are The Members And Managers Of An LLC?

By Matthew Dochnal February 16, 2022
member and manager

Before forming an LLC, it is important to understand how it will be structured and managed. LLCs offer business owners complete flexibility to create unique management structures. This includes choosing officer titles, delegating management responsibilities, and structuring ownership interest.  Here we breakdown common management and ownership structures for LLCs, including who the LLC Members and […]

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What, Exactly, Does It Mean to Incorporate?

By IncNow January 5, 2022
Delaware corporation

The concept can be confusing at times, but there is a difference between forming a business and incorporating. Interested in incorporating your business, but not sure exactly what it entails? Here’s the definition of incorporating, plus what it means to incorporate. How Do You Define Incorporate? In the U.S., incorporating a business is something that […]

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Do You Need an Incorporation Lawyer?

By IncNow November 2, 2021
incorporation lawyer

An incorporation lawyer specifically focuses on the laws surrounding the business of forming and maintaining corporations and LLCs. An incorporation lawyer can help ensure that your company is properly formed and in good legal shape. But not everyone needs to hire a lawyer to help form their company.

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Why Form a Public Benefit LLC?

By IncNow September 24, 2021
public benefit LLC

You may have heard of a Public Benefit Corporation, which is a for-profit corporation with a stated public benefit purpose in its Certificate of Incorporation. This allows corporate directors to balance stockholder profit with specific community benefits. Ordinarily, a traditional corporation cannot divert resources for public benefit unless doing so maximizes shareholder value. The Public […]

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What Is an LLC and What Is Its Purpose?

By IncNow September 13, 2021
filing cabinet

Many companies are LLCs. While the abbreviation can be spotted at the end of many company names, it’s understandable that you might not be entirely clear on what, exactly, an LLC is and its purpose. Each state has its own unique statutory law that sets forth requirements to form a Limited Liability Company (hereinafter “LLC” […]

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How to Handle LLC Capital Contributions and Distributions

By IncNow May 7, 2021
LLC capital contributions

Members of an LLC are subject to capital contributions and profit distributions based on terms they agree to in the Operating Agreement. Below we talk through several key issues for you to consider as you receive and distribute capital for your LLC. What is a capital contribution? A capital contribution is the cash or property […]

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Should I Set Up an LLC Holding Company?

By IncNow
holding company

How you can protect your businesses from the liabilities of your other businesses Does a D.B.A. offer you any legal protection? Are there alternatives to setting up a separate LLC for each business or property? If you have multiple LLCs, it’s only natural to wonder if you should set up an LLC holding company. In order to determine […]

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11 Common Mistakes People Make After Forming a Delaware LLC

By IncNow February 2, 2021
top mistakes

Forming a Delaware LLC is an exciting time for your company, but it’s important to operate your company the right way afterward. Unfortunately, mistakes are sometimes made. These are some of the biggest issues we see—and how to remedy them. Mistake No. 1: The Operating Agreement is returned to the formation agent. Some business owners […]

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Does My LLC Need an EIN?

By IncNow December 21, 2020

Why your business should have an EIN, even if it’s an LLC. Is the information you submit to the IRS about your business accessible to the public? Confused by some of the questions on the SS-4 form? We provide you guidance. If you have an LLC, you might wonder whether you need an EIN. An EIN, […]

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What’s the Cheapest Way to Form an LLC?

By IncNow December 18, 2020

It’s understandable that you want to find the best price when it comes to forming your LLC. But what does a cheap LLC setup look like, and how much should it cost to form an LLC? Here’s what you need to know. What Fees Are Required with an LLC? Every LLC registered in the State […]

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South Dakota Enacts Series LLC Legislation: What You Need to Know

By IncNow October 14, 2020
Mount Rushmore

Among a number of recent states to enact Series LLC legislation, South Dakota’s new Series LLC law becomes effective soon. The approach of South Dakota counters the larger Series LLC trend. Most states follow either the business-friendly Delaware model or the prescriptive Uniform Protected Series Act (“UPSA”). Here’s what you need to know. When Will […]

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Can an LLC Be a Non-Profit?

By IncNow August 26, 2020
rower

Traditionally, non-profit companies are corporations. However, there is a way to get the protection of an LLC while retaining the structure of a non-profit corporation. When expanding the operations of their non-profits, existing non-profit corporations may consider adding higher risk assets to subsidiary LLCs. These LLCs exist under the umbrella of the already qualified 501(c)(3) […]

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What Is a Loan Out Company, Exactly?

By IncNow August 17, 2020
actor pointing out at sea

An increasing number of people are finding themselves either self-employed or engaging in short-term employment arrangements. These individuals are typically actors, content creators, gig economy workers or consultants. These employment arrangements can come with many benefits, however, they may also pose a tricky tax situation.  An effective strategy for self employed individuals to reduce their […]

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How to Become an LLC: 5 Steps

By IncNow August 11, 2020
5 steps

Becoming an LLC is an easy and inexpensive way to protect yourself from personal liability for business obligations. It’s definitely worth considering if you have your own business—even if that business is you.

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How Much Does It Cost To Incorporate a Small Business?

By IncNow August 5, 2020
piggy bank

We often hear these questions from small business owners: What is the cheapest option for incorporating my company? How much does it cost to incorporate? Should I form an LLC? What incorporation fees can I expect? Across all fifty states, Delaware is near the median for incorporation costs. Among the top-tier states such as Florida […]

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A Delaware Series LLC Can Help Protect Your Businesses

By IncNow July 29, 2020
Subsidiary

The Delaware Series LLC is a business entity which enables members to place a web of liability shields over individualized assets within a single LLC. As the name suggests, a Series LLC entails a singular organization empowered to self segregate its assets. This creates many rings of protection. As the Delaware Series LLC has risen […]

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What Are the Benefits of a Delaware LLC?

By IncNow
good standing

When it comes to incorporation and LLC formation, there is Delaware and then there is the rest of the world. By dedicating itself to the needs of businesses, the state of Delaware has distinguished itself as the leader in desirable corporate and LLC legislation. Combining reasonable filing and maintenance fees, responsive administrators and an exemplary […]

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You Don’t Need a Lawyer to Incorporate Your Business

By IncNow July 27, 2020
lawyer

When deciding whether to form a Delaware LLC, you may wish you had gone to law school so that you could understand everything you are reading. But attending law school would not help you. Law schools do not teach law students the mechanics of incorporating. Most law schools dedicate no more than one lecture to […]

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What Does Apostille Mean?

By IncNow July 14, 2020

Apostilled documents have a physically-applied gold seal. Most likely, you will need the original sent to you. We can email it followed by Global Priority Mail or send it to you by International FedEx. What Does Apostille Mean, Exactly? An Apostilled Certified Copy from the Secretary of State is required by certain countries which accept […]

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What Is a Quasi Entity?

By IncNow May 16, 2020
asset protection

If you have several related business ideas, filing a Series LLC can be an attractive option. But simply forming a Series LLC doesn’t entitle you to the internal asset-by-asset protection of a Series LLC. Instead, there are certain steps you need to take to make sure that you (1) have established protected series by the […]

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The Series LLC Can Protect Your Business from an ‘Infection’

By IncNow April 21, 2020
scooter

Just as an infected person with a virus can infect nearby healthy people, an asset with a liability in a company can be a bad apple that unnecessarily exposes all the good apples to a liability. In this case, the “virus” is not a germ, but rather a judgment creditor who tries to collect against […]

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Does a Delaware LLC Have to Pay California Taxes?

By IncNow March 3, 2020
Delaware v California

Looking to form a California LLC? Learn more here. Why forming in Delaware instead of California is better for business. The only ship that doesn’t float is a partnership. Don’t put your personal assets at risk. What are Delaware LLC taxes? Will your Delaware LLC have to pay taxes to both California AND Delaware? What […]

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How to Name Your Delaware LLC

By IncNow January 13, 2020
business names

Prior to filing a corporation or LLC in the State of Delaware, you may want to check if the corporate name is available on the Delaware Secretary of State’s website. Below are a few guidelines on how to name your LLC or corporation. 1. When checking the name on the Division of Corporation’s website, the […]

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How Is an LLC Taxed?

By Matthew Dochnal September 18, 2019
taxes

The Delaware LLC is the most popular type of legal entity amongst small businesses. A Delaware LLC provides bullet proof liability protection for business owners’ personal assets while avoiding the red tape involved with maintaining a corporation. Entrepreneurs prefer LLCs because they are flexible, cost effective, and easy to set up. Forming an LLC is […]

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How to Save on Single Member LLC Taxes

By IncNow July 19, 2019
single member llc tax

Most businesses end up cutting into profits simply by not taking advantage of the rules the IRS has laid out for them. The most susceptible to this common downfall is the sole proprietor or single-member LLC. It’s possible to save on single member LLC taxes—you just need to know the right steps to take. What is […]

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What is a Single-Member LLC Operating Agreement?

By IncNow June 6, 2019
LLC Agreement

One person can form an LLC in Delaware. These LLCs are known as “single-member LLCs”. You can use a single-member LLC for everything from financing real estate transactions to solo consultant practices. Why Create a Single Member LLC Operating Agreement? Despite having only one member, it is still wise for single-member LLCs to have a […]

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What does it mean for a company to “go void”?

By IncNow February 8, 2019
full mailbox

If you have a Delaware LLC or corporation and have neglected to pay your agent or state fee, you may have been told by your registered agent that the company is in danger of “going void.” What does void mean? In the context of Delaware LLCs and corporations, it means that the registered agent “resigned” […]

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Why Form an LLC in Delaware?

By IncNow October 19, 2018
good standing

To have access to the gold standard of business laws, you should form an LLC in Delaware. Delaware offers an abundance of protection for business owners who choose to form a Delaware LLC no matter where you live and work. The shield of Delaware protects business managers from litigation risks and compares favorably to businesses […]

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What Happens to My LLC Membership Interest When I Die? Buy Sell Tips

By IncNow October 12, 2018
Death and LLC interests

In both single-member and multi-member LLCs, the owners need to have a plan for what happens in the event that a member dies. Should the LLC continue or should it automatically trigger cancellation? Who has the right to buy the deceased member’s interests? Do family members obtain voting rights or just assignment of distributions? These […]

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How to Plan for Exiting an LLC

By IncNow September 25, 2018
llc member exit strategy

The issue of when interests in an LLC can be transferred or bought, and by whom, and with what restrictions, is an issue that must be covered in an Operating Agreement. It is natural for business owners to be optimistic and overlook the possibility that the company may fail to live up to their initial […]

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Why the Series LLC Is the Ultimate Subsidiary Factory

By IncNow June 25, 2018
Subsidiary

In the summer of 1987, “make your own sub day” was so popular in the Camp Tockwogh mess hall, that we all sang “I feel like makin’ SUBS!” This was a subtle substitution of one word in the classic rock lyrics, Feel Like Makin’ Love by Bad Company. I still love making subs, but nowadays […]

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