Create an LLC in the USA

La Limited Liability Company (LLC) is the naming name of a company in the United States. Its equivalent and legal form closely resembles those of the Limited Liability Company (SARL) in France.

Features of the LLC

The LLC may be headed by one member or multiple members. You can therefore associate as many natural and legal persons as you wish. However, in the case of a multi-directorate, all decisions must be taken in common.

The LLC does not engage the personal responsibility of the members. It protects the personal wealth of each in case of litigation.

Prerequisites for the creation of the LLC

Each state in the United States has its own corporate law and taxation. The ideal is to get closer to a local specialist in corporate law and a legal expert. They will be able to inform you about the legal framework of the creation of an LLC.

Steps to create an LLC

To begin, you must choose a name for your LLC, the ideal is to choose 2 or 3 names in the optics where one or the other name are already reserved. The names must in no case contain the words "Bank" or "Insurance".

Once the name of your LLC has been validated, it is time to register in the desired US state in order to obtain the "Articles of Organization" as well as the statutes, commonly known as "Operating Agreement". On Articles Of Organization, must appear the names of the various partners and that of the structure.

The Operating Agreement is not mandatory, most states do not require it. But it is still more prudent to write if you are several partners in the structure. Indeed, in the absence of Operating Agreement, any conflicts that may arise will be settled in accordance with the law of the State, which will not always be favorable to the company.

Report the income of an LLC

La tax return of an LLC is very simple. In the case of a single member, the 1040 and 1865 forms will have to be completed (LLC tax return) and returned to the IRS If you have associates in an LLC, in this case, each member declares their share of revenue on a common form, the Partnership Informational Return and on the K1 form.

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