How to Register a Company In USA
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by Sam Mollaei
- Start Your Business Here »
You need to know how to register a company in the USA to form an entity, such as a limited liability company (LLC), or when you incorporate. Before you do so, you need to make sure you have chosen a company name that is unique. It also helps to trademark your brand so you do not run into any problems with marketing.
However, getting registered is the most important thing to do first. I can assist you in registering your company and putting it on the map.
I will help you with all facets of the naming and registration process. You can email me or my colleagues at any time. Book a call to speak to us here: https://mollaeilaw.com.
Table of Content
How to Register a Company in the USA: Choosing the Company Name
Learn how to register a company in the USA by selecting the company name at the Secretary of State’s site and name database first. By submitting your company name on this site, you can find out if it is original and unique in your locale.
For example, you do not want your name to be similar to a competitor, as it can lead to public confusion. Therefore, choosing a specific name must be done first.
Always have a back-up name in mind if a name, similar to the one you have chosen, is already in use.
If you have any questions about naming your business, you can ask me. Simply email sam@mollaeilaw.com to get the advice and direction you require.
I will support all your needs with respect to starting and registering a company in the USA.
After you obtain a name for your business, you can use the name for your brand and trademark, and also include it as your domain name online. Doing so will give you added influence in the business community. You really cannot launch any business until you choose a name.
If you choose to incorporate your business, you need to make sure you include “Incorporated,” “Inc.,” “Corporation,” or “Corp,” at the end of the name. Any business that is registered as an LLC should include the “LLC” designation or a similar facsimile (“L.L.C.” or “Limited Liability Company”) with its name.
How to Register a Company in the USA: Selecting a State
When you learn how to register a company in the USA, you need to decide where you will establish your business. Usually, it is best to choose the state where you plan to have a business presence.
If you will be selling online or you wish to maintain less of a public persona, you may want to register your company in a low-cost, business-friendly state such as Delaware or Wyoming. Wherever you choose to establish your business, you need to know the steps for registration.
Again, you will need legal help before, during, and after registering your business. Contact me at any time for the needed legal advice and assistance. Email sam@mollaeilaw.com today.
How to Register a Company in the USA: Following the Legal Steps
Once you choose a unique company name, you are ready to begin. Again, when you are learning how to register a company in the USA, you need to return to the Secretary of State’s website in the state where you wish to base your company.
If you choose to do business as an LLC, partnership, or corporation, you will need to register your business at the Secretary of State’s website.
At the site, you will receive advice on what forms you need to fill out for registration. You will also need to obtain a registered agent if you set yourself up as a corporation or LLC.
A registered agent will receive and send the legal documents required for your start-up during and after the registration process.
A registered agent should be a person or company that can receive and send mail during business hours during the week. The agent should be based in the same state as your business.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Q Quick Overview of Registration
The registration process usually involves –
- Selecting a unique business name and registering it
- Choosing an entity
- Choosing a registered agent to file and send, and receive documents
- Registering the business name where you do business and paying the applicable fees
Naturally, you will want to refer to legal counsel to handle the details. Contact me anytime for assistance. Email sam@mollaeilaw.com.
Mollaei Legal Tip: If you start out as a sole proprietor, you will not need to legally register your business. You can start right away and begin conducting business activities. However, I do not recommend that you remain a sole proprietor as you leave yourself more open to lawsuits that can affect your personal assets, such as your home or car.
For further information about the advantages and disadvantages of forming certain business entities, contact me online.
Email sam@moalleilaw.com anytime.
How to Register a Business in the USA: Obtaining Licenses and Permits
One of the activities that goes along with learning how to register a business in the USA is obtaining the required licenses and permits. In most US locations, you can obtain a required permit or license online or by visiting a county or municipal government office.
Usually, the application is short and the filing fee is affordable. You usually will need to renew the license each year and pay a fee based on your business’s earnings.
How to Register a Business in the USA: Registering with the IRS and Receiving an EIN
All businesses must pay federal, state, and local taxes. When you learn how to register a business in the USA, you will also need to register with the IRS and get an Employer Identification Number (EIN).
I can help you with this process. To begin this type of registration, email sam@mollaeilaw.com today.
You will need an EIN to sign up for a business bank account and to pay employees, so this part of the process is mandatory legally.
What To Do Next
While you are learning how to register a business in the USA, you may have some questions. If you do, don’t hesitate to email me anytime with your inquiries or concerns.
I am ready to support your business initiatives. Email sam@mollaeilaw.com now.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
The Basic 3 Step Process of Incorporation: What You Need to Know to Launch Your Business Successfully
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by Sam Mollaei
- Start Your Business Here »
To make the process of incorporation easier, it is best to explain it in 3 basic steps. That will make things less confusing.
You can also get the answers you need by emailing or calling me and my legal team. Book a call to speak to us here: https://mollaeilaw.com.
Table of Content
The Basic 3 Step Process of Incorporation: Narrowing Down the Activities
While the process of incorporation can become rather involved, you can also make it simpler by narrowing down the steps.
1. Decide Where to Incorporate and What to Name Your Business in Phase 1 of the Process of Incorporation
In the U.S., you have the option to incorporate in one of the 50 states. If you primarily do business where you reside, then it is best to incorporate in the place where you live in phase 1 of the process of incorporation.
That is because a corporation must register as a “foreign corporation” if the business is not registered in its home state.
Also, you will need to obtain the services of a registered agent in each state where your incorporate outside of your home base. For example, if you primarily do business in California, but wish to do business in Delaware as well, you must register your business as a foreign corporation and obtain a registered agent for that state.
These facts alone may spark some inquiries. If so, contact me anytime. Email sam@mollaeilaw.com with your questions or to schedule a consultation.
Therefore, one of the main things you need to do, before you incorporate, is plan where you want to set up your business. Where do you want to incorporate?
What location will be your primary base of operations? These are important questions to ask if you are serious about incorporation.
Mollaei Law Tip – If your home state features a high corporate income tax or requires high state fees, you may want to consider another place to incorporate.
Doing business involves more than merely selling products or services, it also requires an active business presence – one that is recognized in states, such as Wyoming, Delaware, and Nevada.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Working in a Pro-Business Climate
Often, it is better to incorporate in a state that provides a business-friendly climate, as doing so can help you save on taxes and more easily maintain privacy. Because of Delaware’s pro-business environment, more than half the companies listed on the New York Stock Exchange are incorporated in the state.
We can review the pros and cons of incorporating in certain states. Contact me anytime for a business legal consultation. Email sam@mollaeilaw.com.
After you determine the state of incorporation, you can select a unique business name, which you will also register with the state. Before you do this however, you need to make sure the name has not been taken.
You can do this by going to the Secretary of State’s website and performing a search.
The business name you choose should include “Corporation” or “Incorporation,” or the abbreviation of one of these words. Make sure the name is not misleading in any way but precisely conveys the nature of your business.
Incorporated business names should not include words, like “Insurance” or “Bank”, nor should they closely resemble the name of another company in the state.
Mollaei Law Tip – If the name of your business is connected with providing goods or services, you should consider getting federal trademark protection for your business name. This will ensure that no one else can use the name for a similar business operation. This protects you, as long as someone else has not already chosen a similar name before you.
2. Establish a Board of Directors and Choose the Officers in the Second Phase of the Process of Incorporation
The formal process of incorporation also includes selecting a board of directors. This board is established so major business decisions can be made and approved. A director is normally a company officer or shareholder, although this is not a requirement.
Like the representatives in the U.S. Congress, shareholders elect a corporation’s officers. Therefore, each officer serves a limited term. All corporations must have at least one director on its board.
This may lead you to wonder just what procedures are approved by corporate directors. Directors for a corporation may participate in the following activities:
- The declaring of stock dividends
- Electing officers and establishing the terms of employment
- Amending the corporation’s articles of incorporation or bylaws
- Reviewing and approving corporate mergers, reorganizations or similar transactions
According to the law, a director of a corporation must owe duties of loyalty and care to the business he or she serves. Therefore, each director must act in good faith when conducting his or her responsibilities. They must also act with reasonable care with the best interest of the corporation in mind.
If a director stands to gain some type of personal benefit from his or her actions for a corporation, he or she must reveal this fact and refrain from voting on the matter.
The board of directors appoint company officers to oversee the daily operations of the corporation. Legally, a corporation must have 3 officers. These 3 officers must be represented by the following:
- A company president
- A treasurer or chief financial officer
- A company secretary
Officers can be or do not have to be company stockholders. There is no imposed limit to the number of officers designated by a corporation. Also, there is no restriction set on the number of offices one person may hold.
Therefore, one person can hold the office of president, CFO, and secretary.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
3. Select a Registered Agent in phase 3 of the Process of Incorporation
Next, in the process of incorporation, you need to choose and designate a registered agent. You will not be able to submit the corporation’s articles of incorporation or other paperwork without this service or person in place.
Each corporation, by law, must have a person or service business, known as a registered agent, in place to receive official correspondence from the state or to receive the notice of being served if the corporation is sued.
Therefore, the registered agent must adhere to the following stipulations –
- They must be an adult residing in the state of a business’ formation and have a street address (P.O. Boxes are not accepted); or
- They must be a business or corporation located in the state of formation set up to provide registered agent services.
One of the benefits of forming a corporation in your home state is that you can have a director or officer of your company serve as the registered agent. However, you will still reap some benefits by using the services of an outside party.
Having a third party serve as registered agent gives you an additional layer of privacy, as the name and address of the registered agent can be publically accessed. Second, no one can serve you directly at home, in case your business is named in a legal action.
Other Steps You Need to Take in the Process of Incorporation
Besides the 3 basic steps mentioned above for the process of incorporation, you will need to draft Articles of Incorporation and Bylaws for your incorporated business. The Articles of Incorporation need to be drafted by a competent legal professional, as they represent the charter that creates a corporation.
Therefore, you need to contact me about creating the documents to establish your corporation. Contact me anytime. Email sam@mollaeilaw.com with your inquiries or to get the legal assistance you need.
The “Bylaws” of a company are used to establish specific rules and procedures to govern the business internally. Therefore, these guidelines are necessary, as they can be referenced in case of an internal dispute or a disagreement in how a company is managed.
Again, you will need to receive legal assistance when drafting the bylaws. Either a member of my legal team or I can help. Book a call to speak to us here: https://mollaeilaw.com.
What To Do Next
As you can see, narrowing down the process of incorporation to 3 steps helps you, at least, focus on the main activities of getting incorporated. You will still need the advice and help of an attorney to incorporate your business and run it successfully.
That is where I can be of assistance. Again, email sam@mollaeilaw.com to set up a time for a consultation.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Different Types of LLCs
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by Sam Mollaei
- Start Your Business Here »
While some business start-up owners are familiar with the term, limited liability company (LLC), they may not realize that there are different types of LLCs. The following information will explain the different formations used in establishing an LLC.
If you have any questions about the formation of an LLC or need legal assistance from me or my legal team, book a call to speak to us here: https://mollaeilaw.com.
Defining the Different Types of LLCs
To define the different types of LLCs, it is the easiest to distinguish between the different types of LLCs that have similar purposes. In this case, we want to compare the features of the following LLCs:
- Single-member and multi-member LLCs
- Member-managed and manager-managed LLCs
- Holding and operating LLCs
- Domestic and foreign LLCs
Let’s look at and define single-member and multimember LLCs first.
Single-member and Multimember LLCs
An owner of an LLC is also called a member. Therefore, a single-member LLC is run by one owner. However, just because one owner operates the LLC, the LLC is still different than a sole proprietorship. A sole proprietor only has to fill out a single personal tax return.
On the other hand, a single-member LLC must file a personal return and a return for the business.
A single-member LLC makes it possible for an LLC owner to separate his or her personal assets from the company assets. That means, if he or she is sued, they do not have to give up their house or car to pay off a business debt or fulfill a liability claim.
The money the company makes as a single LLC receives pass-through taxation. Therefore, the company’s earnings are recorded on the single owner’s or member’s personal tax return.
As you might have already guessed, the establishment of a multi-member LLC involves multiple owners. This type of LLC is sometimes referred to as a limited liability partnership, or LLP.
Just like an LLC with one member, a multi-member LLC provides more in the way of liability protection. In this case, a multi-member LLC, or limited liability partnership (LLP), provides the owners with more protection from personal liability than a general partnership.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Learn More About the Different Types of LLCs by Contacting Moallei Law
To make sure you can distinguish between the different types of LLCs, you can call me anytime for legal advice and guidance.
Simply email sam@mollaeilaw.com for further information and to schedule an appointment for a consultation.
Mollaei Legal Tip
The number of employees in your LLC does not affect the status of the LLC with respect to membership. For example, you can still set yourself up as a single-member LLC and have 100 employees working for you. A single-member or multi-member LLC refers only to the number of owners running the LLC business.
An LLC can be owned by an individual or another LLC. Therefore, if you have been contemplating a more complex LLC structure, you will need my legal help. Email sam@mollaeilaw.com anytime with your business inquiries.
What You Need to Do if You Establish a Multi-Member LLC
If you set up your LLC with more than one owner as a multi-member LLC, you need to create an operating agreement that outlines exactly how you plan to resolve disputes and do business.
Therefore, you will need to set up bylaws in your partnership agreement that specifies how you will handle disagreements. Set up clear guidelines so you will know the roles and responsibilities of each of the member partners.
What are the 2 Main Different Types of LLCs for Managing an LLC Business?
The 2 main different types of LLCs, with respect to management, are member-managed and manager-managed LLCs. When you register your LLC through the Secretary of State’s office where your LLC is located, you need to specify whether you are setting up a member-managed or manager-managed LLC.
In this scenario, member-managed LLCs are run by the actual members or owners. If the LLC is operated by a manager, or is set up as a manager-managed LLC, the member or members of an LLC have delegated the oversight of the LLC to a non-member.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
What 2 Different Types of LLCs Cover Asset Holding and Operations
The 2 main different types of LLC used for holding assets or operating as a business include the holding (or umbrella) LLC and the operating LLC.
Therefore, some LLC companies are established to hold assets, such as real estate. They may also be established to serve as an umbrella holding company for subsidiary businesses.
In either case, both these types of LLCs are considered holding companies. Holding LLCs are designed to provide added layers of protection from lawsuits and other forms of liability.
If you set up an LLC to operate a business, it is called an operating LLC. Therefore, an operating LLC is formed to run a business as opposed to a holding LLC, which exists to hold assets.
Most small business choose to begin as operating LLCs. Therefore, these LLCs are more common than other LLCs.
Regardless of the type of LLC you need to establish, you can contact me for guidance and legal help. Email sam@mollaeilaw.com to develop a plan to establish an LLC for your business.
What are 2 Different Types of LLCs that Base their Formation on Location?
When it comes to location, you can establish 1 of 2 main different types of LLCs for your business. You can either set up a domestic LLC or a foreign LLC.
The term, “foreign,” does not refer to an LLC in a country outside the U.S. Instead, it references an LLC that registers as a business in a state outside the owner’s current state of residence.
Therefore, a domestic or foreign LLC refers to the state where the owner creates an LLC. For instance, if you do business in California and register your LLC in California, your LLC is considered a domestic LLC.
However, if you also do business in Illinois, or have a physical presence there, you are operating in that state as a foreign LLC.
Often, a company will create a foreign LLC if the LLC owner does business in his or her state but they wish to create an LLC with more business-friendly LLC laws.
You might also create a foreign LLC if you start expanding in another state. To register a foreign LLC, you need to submit the required forms with the Secretary of State’s office for the foreign state.
If you register a domestic LLC, you will generally have a bank account in the home state, own property in the state, or have offices in the state where you hold regular meetings.
What To Do Next
To set up an LLC is not a complicated process even if different types of LLCs exist. You just need to do the following:
- Choose and enter a unique business name for your LLC
- Obtain the services of a registered agent so your company has a way to receive and sen business-related mail during the business work week
- Register your business and pay the appropriate fees
- Draft an operating agreement to reference how to manage the LLC
- Pay the annual costs assessed for operating the business
Whatever type of LLC you register, you will need ongoing legal advice and help. That is why you need to contact me and my legal team for assistance. Book a call to speak to us here: https://mollaeilaw.com.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
What Is PLLC (And Who Needs PLLC?)
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by Sam Mollaei
- Start Your Business Here »
If you work as a professional in the accounting, legal, medical, or architectural field, and wish to establish a business, you may what to know more about forming a PLLC.
So, what is a PLLC (and who needs a PLLC?)
The following information will explain how this type of business entity works. A PLLC is short for professional limited liability corporation. This type of entity protects your personal assets and enables you to use pass-through taxation.
By choosing this business formation, you can separate your personal and professional assets and avoid paying taxes on your business. Only your personal income is taxed, thereby making it easier to stay ahead financially.
What Is a PLLC and Its Legal Definition?
Let’s first give a legal definition to a PLLC by answering the question, “What is a PLLC?”
By definition, a PLLC stands for a professional limited liability company. Again, a PLLC offers tax benefits and limited liability for professionals, such as lawyers, medical professionals, and accountants.
While a PLLC is similar to an LLC (limited liability company), it does not provide as much protection from liability. Also, the owner or owners of a PLLC are limited in what they can provide in services within the same business
Mollaei Legal Tip
Some states, such as California, will not allow professionals to form a PLLC. In these cases, the business owner must set up a professional corporation or PC, or a registered limited liability partnership.
If you practice or work as a professional in California, I can help you establish a PC or registered limited liability partnership (LLP). Email sam@mollaeilaw.com for further details today.
Unlike other states, California does not permit professionals to form a PLLC or LLC. Therefore, professional people, such as dentists, lawyers, certified public accountants, and optometrists, must choose the above-mentioned alternatives.
What is a PLLC and Its Rules for Formation?
When answering the question, “What is a PLLC?” you also need to consider the formation of the entity. In other words, who exactly can form a PLLC when it is an allowed business entity?
While some states, such as California, will not recognize PLLCs, other states only will give professionals the option of establishing a PLLC.
To form a PLLC, one or more owners (also called members) must be licensed professionals. In some states, the owners/members must have a license in the same profession.
In these situations, an owner may hire an employee without a license to run things, but on the professionals in the business must legally own the company. Therefore, to own a PLLC, you must have the required credentials to practice your chosen profession.
If you need to know what it takes to form a PLLC where you live, you can contact me and my staff any time. Book a call to speak to us here: https://mollaeilaw.com.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Does Your Occupation Quality?
The term “professional” basically references jobs where a practitioner must hold a state license before he or she can provide services. Usually, the following occupations qualify when it comes to forming a PLLC:
- Accountants
- Architects
- Chiropractors
- Dentists
- Engineers
- Optometrists
- Lawyers
- Pharmacists
- Physicians
- Social Workers
- Real Estate Agents
- Veterinarians
Some states prevent owners of PLLCs from combining more than one service under the business entity. For example, if you set up a real estate firm under a PLLC, you cannot provide graphic design services under the same entity.
Legally, these 2 businesses are considered separate from one another. Therefore, in this case, you would not receive liability protection for your graphic design business. You would also have to report the income and expenses for the design business separately.
However, with that being said, most U.S. states will make exceptions to the above rule in certain fields, especially health care. For example, if you set up a medical practice under a PLLC, you may be able to establish a pharmacy under the same entity.
To learn what services you can combine, you need to check the PLLC statutes for your state.
I can also help you with this type of formation. You can contact me any time. Simply email sam@mollaeilaw.com.
What Is a PLLC and Its Rules for Liability?
To see how you are protected under a PLLC as a professional, you need to know more details. Therefore, you need to answer the question, “What is a PLLC and its rules for liability?” To what extent are you protected?
A PLLC provides limited liability. Therefore, if someone sues your company or your business owes money, you, as an owner, cannot be held personally responsible for paying that debt.
However, your protection from liability does not extend as far as malpractice, also known as professional negligence. Malpractice happens when a professional does not meet the expected professional standards and requirements of his or her profession.
Therefore, if a client sues you for malpractice, your PLLC cannot be used to protect you. Your personal assets are still on the line if you get involved in a lawsuit. In this case, you need to purchase medical malpractice insurance to protect you personally and professionally.
Despite the above restriction, a PLLC does provide worthwhile protection. For example, if you form a PLLC with another professional and he or she gets sued, you will not be held personally liable in a legal claim.
By contrast, you could be held liable if you formed a partnership.
In addition, a PLLC will safeguard you from liability for other obligations and debts, such as a vendor disagreement or office lease dispute. It also can keep you financially safe from an injury claim that originated on your premises.
Therefore, it helps to get the protection a PLLC can supply, provided you can set up the entity in your state.
I can help you set up a professional corporation (PC) or PLLC. You just need to schedule a time for a consultation. Email sam@mollaeilaw.com any time.
What Is a PLLC and Its Tax Benefits?
Defining a PLLC also includes learning more about its tax advantages. When you ask, “What is a PLLC?” you also need to review the type of tax benefits you will receive.
A PLLC is considered a pass-through entity, which means that you don’t have to pay taxes on the business.
Therefore, the profits of the business flow or pass through to the owner’s individual tax return. By contrast, a traditional C corporation pays a corporate income tax. Also, after the profits have been distributed, a tax is paid a second time on the dividends.
An owner of a PLLC also enjoys a pass-through deduction of 20%. This allows a member to deduct up to 20% of his or her business income on their personal income tax form. However, the IRS limits the deduction for professionals whose yearly income goes over $160,700.
To make sense of the tax code and learn how you can benefit in this regard, you will need the support of both an accountant and lawyer. For any legal answers that need to be answered, contact me any time by email. Email sam@mollaeilaw.com.
What Is a PLLC and Its Basic Requirements for Set-up?
When answering, “What is a PLLC?” you need to determine the basic requirements for set-up. To establish the entity, you need to do the following:
- Obtain a state license with your state’s professional licensing organization, such as the state bar for lawyers or a CPA license for accounting professionals.
- Obtain approval from the licensing board in your state, usually in writing.
- Choose a business name that follows your state’s rules for naming. For example, many states require that PLLCs add “Professional Limited Liability Company” or “PLLC” after the business’s name. In some states, PLLC owners must add the last name of at least one of the members in the business name.
- File formation documents and pay a filing fee. Depending on the state, the formation documents might refer to a certificate of formation or articles of organization.
- Create an operating agreement, or an internal document that stipulates how disputes will be handled, how salaries will be paid, and how the business will be run.
As you can see, forming a PLLC can benefit you greatly if you plan to set up a professional practice. However, to form a PLLC, you need to rely on professional legal services. Contact me and my team any time.
Book a call to speak to us here: https://mollaeilaw.com.
What To Do Next
You probably still have additional questions after answering some on the basic questions concerning a PLLC. What is a PLLC and how can it help you personally and professionally?
You can learn more by booking a consultation with me today. Email sam@mollaeilaw.com for further details and information.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
What Is the Difference Between an LLC and PLLC
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by Sam Mollaei
- Start Your Business Here »
The letters “LLC” and “PLLC” represent 2 different business formations. Therefore, it is helpful to know the difference between an LLC and PLLC. This article will clear up any confusion about how these 2 entities work.
So, what is the general difference between and LLC and PLLC?
The letters “LLC” and “PLLC” stand for limited liability company and professional limited liability company. A limited liability company is designed to protect a business owner’s personal assets and to limit his or her liability.
On the other hand, a professional limited liability company (PLLC) is set up for professional practices, such as lawyers, architects, dentists, or medical professionals.
Table of Content
Like the LLC, the PLLC enjoys asset protection and limited liability. Both the LLC and PLLC do not have to report taxes for their business or professional practice. Instead, the owner records his or her income on his or her individual tax return.
To learn more about setting up either an LLC or PLLC, contact me anytime. Email sam@mollaeilaw.com.
According to the Chron website, both LLCs and PLLCs feature some of the same advantages. However, there are some things that are slightly different. While the articles of organization are similar for both entities, a PLLC filing entails more steps.
Typically, the licensed owners of a PLLC must sign all the filing paperwork and add a copy of their professional license or their license number during submittal.
In addition, a PLLC applicant must submit these documents and receive approval from their profession’s licensing board. Like an LLC, all documents must be filed with the Secretary of State where the PLLC is formed.
Because of these added legal requirements, establishing a PLLC typically takes longer than setting up a standard LLC.
Mollaei Legal Tip –
If you live and work in California and some other states in the U.S., you cannot form a PLLC if you offer certified professional services or licensed business services. Instead, in these cases, you must establish a professional corporation or PC.
In addition, California and some other states will not permit LLCs to feature the services of certified or licensed professionals.
If you want to find out more about this legislation and how it may affect the establishment of your professional practice, you need to contact me and my legal team for further details and help.
Book a call to speak to us here: https://mollaeilaw.com. We can help you make sense of the differences in set-up so you can succeed with your business and professional plans.
Is There Any Other Difference between an LLC and PLLC?
Now that you know the primary difference between an LLC and PLLC, you may wonder if there is any other difference that you should note. As indicated, another major difference involves the filing the Articles of Organization.
To help you with the process, I can offer the legal advice and direction you need to avoid making mistakes.
Contact me for assistance when you’re ready to start your business or practice. Email sam@mollaeilaw.com.
What is the Main Difference between an LLC and PLLC when Filing the Articles of Organization?
When filing the Articles of Organization for a PLLC, you will receive instructions on how to file from both your state’s licensing board and the Secretary of State. This difference between an LLC and PLLC is distinct, as it distinguishes the set-up of your PLLC from that of an LLC formation.
Therefore, during the filing of the articles of organization, a PLLC applicant, as previously mentioned, must get his or her state licensing board’s approval – one step that an LLC can forego.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
What is the Difference between an LLC and PLLC with Respect to Naming?
If you name an LLC or PLLC, you need to follow specific naming formalities – formalities that further define the difference between an LLC and PLLC when choosing a name.
While each entity has certain rules it must follow for naming, per the provisions of a state’s law, the reason behind the process is the same. The name should be one that is designed to specify the company’s services without misleading the public.
LLC Name Rules
When naming an LLC, the owner must include the LLC designation after the name, as follow:
- LLC
- Limited
- Limited Liability Company
- Limited Liability Co.
PLLC Name Rules
When naming a PLLC, one of the following designations should be placed at the end of the name:
- Limited Liability Company
- P.L.L.C.
- PLLC
- L.L.C.
- LLC
The professional services provided should be indicated in the PLLC name. If the proposed name of the business includes a reference to a specialization, the company must provide satisfactory proof that it has the authority to use the designation.
While the above information helps you distinguish between the nuances of forming an LLC and PLLC, you still need direct legal guidance when creating either of these 2 entities. You will also need to consult a lawyer when you start operating as an LLC or PLLC.
I can help you with naming and registering your LLC or PLLC. I can also give you the needed support for applying for an Employer Identification Number (EIN) and business bank account.
In addition, I will help your business or practice remain compliant after it begins operations. I am only just an email or phone call away. To schedule a legal consultation, email sam@mollaeilaw.com today.
Where There Is No Difference Between an LLC and PLLC
Whether you form an LLC or PLLC, you will experience no difference between an LLC and PLLC with respect to the following:
- You will need to choose a unique business name.
- You will have to select a registered agent to handle the paperwork for formation of you LLC or PLLC. The registered agent should be based in the state where you establish your LLC or PLLC. The agent can be either a person or entity, and should be available during the regular business hours of 9:00 am to 5:00 pm, Monday through Friday. You will also need the registered agent, after forming your LLC or PLLC, to receive regular legal documentation.
- You must file Articles of Organization with the state where your LLC or PLLC is based.
- You have to get an employer identification number, or EIN, so you can file taxes or pay employees, if required. The number will also be needed to establish a business bank account.
- You must open a checking account for your business and set up a merchant’s account to receive payments.
- You will need my legal help to make sure you pay the associated fees for your business and stay compliant. You can always contact me anytime. Email sam@mollaeilaw.com when you are ready to begin.
Both an LLC and PLLC are very much alike. Where the 2 entities differ is due to the ownership. While an LLC covers the needs of general business start-ups, a PLLC is designed for professional practices.
What To Do Next
After you note the difference between an LLC and PLLC, you may wonder what you need to do next to form an LLC or PLLC. That is how I can help.
You will need to retain my legal services before you can proceed with the start-up process. I can help you realize your goals of establishing a legal business or professional practice. Email sam@mollaeilaw.com now.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
How to Register a Business in USA
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by Sam Mollaei
- Start Your Business Here »
If you decide to start a business, you need to know how to register a business in the USA. My legal staff and I can also help you in getting everything set up. Book a call to speak to us here: https://mollaeilaw.com.
So, what do you need to know how to do to register a business? Also, why do you need to register your business? The following article will give you further details so you will know how to proceed.
Table of Content
Learning How to Register a Business is Necessary if You Want to Launch a New Company
By learning how to register a business, you can get started almost immediately with your business plans and dreams. You really cannot start any business in the U.S. without registering it first.
Again, I can help you with the process. Email sam@mollaeilaw.com for a consultation.
To begin your start-up or U.S. company and register it, you will first need to decide on the type of organization you want to form. Most beginning businesses set up a limited liability company (LLC), as this type of entity is easier to form than a traditional C corporation.
You also will not be subject to double taxation, and the fees of set-up are lower. If you do choose to incorporate, you can attract more venture capital. Therefore, if you wish to go public with your business in the stock market and wish to raise funds, you may want to incorporate.
To separate your personal holdings from your business assets, it often is better to register your business as an LLC. An LLC limits your personal liability, so someone will not come after your assets if your business is sued. Therefore, this type of business registration is often recommended for start-ups as they can incorporate, if desired, at a later date.
In addition, an LLC allows you to enjoy pass-through taxation. Therefore, you only pay taxes on your personal income, not on the revenue from your U.S. business.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Why It is Advantageous to Know How to Register a Business in the USA
By knowing how to register a business in the USA, you can do one of several things, such as the following:
- Open up online accounts with other businesses
- Gain access to another market, if you are from another country
- Open a bank account in the U.S. so you can sell to a new demographic
In this scenario, let’s assume that you decide to form an LLC, as this is the type of entity that I recommend that most of my clients form when they register a U.S. business. If you have any further questions along these lines, I can always answer them. Email sam@mollaeilaw.com anytime.
To figure out where to start and register your business, you should decide where you want to establish your LLC. If you are from another country, I may recommend that you register and begin your business in Wyoming, as Wyoming is a very friendly state with respect to start-ups and LLCs.
Not only are the costs for beginning a business lower, the registration costs for a start-up are not as much as they are in other states. Here are some other benefits that you cannot help but appreciate.
- You don’t pay state taxes
- The member managers are not listed, so the formation is more private
- The state features the best asset protection laws in the U.S.
- You don’t have to meet citizenship requirements
- The business enjoys a perpetual life, so you do not have to end the business in case the ownership changes
- Ownership can be easily transferred
- No restrictions are placed on the number of LLC owners
As with all LLCs, you enjoy protection of your personal assets and therefore limited liability.
How to Register a Business in the USA – Why You Need a Registered Agent
Knowing how to register a business in the USA includes securing the services of a registered agent. A registered agent can be a business or individual that will manage the formation documents for your company during the regular business hours of 9:00 am to 5:00 pm during the week.
You will also need the services of a registered agent after you set up your business, as they will need to handle any legal paperwork that involves your new company.
Therefore, before you register you company, make sure you have a registered agent in place. The company or person who oversees this work should be based in the state where you set up your LLC or incorporate.
Now you are ready to begin the registration process.
To register a business, you will need to check the Secretary of State’s database to choose a unique name for your company. This is done to ensure that the name you select has not already been taken.
To speed up the process, you should have another name in mind in case the name you want to use is currently being used by another business. Checking on a name will avoid any problems with your company’s use of branding or a trademark in the future.
Once you choose a unique name for your business, you can register it. You will register your business with the Secretary of State’s office where you plan to base your LLC or corporation.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
Why Learning How to Register a Business in the USA Carries Huge Benefits
Once you register your business, you can quickly establish your business and meet the legal requirements for set-up. That is why knowing how to register a business in the USA carries some major advantages.
Once the registration is completed and you pay the registration fees, you can do the following:
- Acquire a federal tax ID, or Employer Identification Number, so you can pay your business taxes or pay employees.
- Register with your state of business formation’s revenue agency.
- Acquire the required permits and licenses.
- Get a U.S. mailing address (It cannot be the same as the registered agent’s address)
- Research your tax liability
- Open a business bank account
- Open a merchant account to accept customer payments
- Get a phone number in the U.S. for your new business
- Separate your business and personal bank accounts
- Make sure you remain in compliance with the law, federally, on a state level, and locally
- Pay the required business fees, annually, monthly, or quarterly
- Use my legal services on a regular basis to ensure you are operating your business in accordance with the mandates set by local, state, and federal law
You cannot register and set up a business without consulting with an attorney or using legal services on a continuing basis. That is why I am here to help. Email sam@mollaeilaw.com to get started now.
(Mollaei Legal Tip) Knowing How to Register a Business in the USA – Choosing the Main Location for Your Company
As noted, it is important, when learning how to register a business in the USA, to know where your company will be based. While the cost of registration and set-up should definitely be considered, you will also have to consider other parameters. To do this, you need to ask the following:
- What is the supply chain?
- What is the demographic in the proposed location?
- What are the specific state laws and tax regulations for doing business in this location?
- Will I be able to stay on budget?
When choosing a business location, you need to make sure you register your business in a place that will be both cost-effective and serve your needs with respect to quality and convenience. Because each business is different, you will need determine what is the most important to you – the location, transport, access, or business support.
What To Do Next
Now that you have an understanding about how to register a business in the USA, you can formulate an action plan. You just need to speak to me. Email sam@mollaeilaw.com any time.
I will help you get started on setting up a business so you can realize your current and future business goals and objectives.
Email sam@mollaeilaw.com or to book a call to speak to us here: https://mollaeilaw.com/start
