1. Forming a Maryland LLC
2. Maryland LLC Formation: Factors to Consider

Articles of Organization LLC Maryland, or Articles of Incorporation LLC Maryland, are required documents that must be filed with the office of Maryland's Secretary of State when forming a new LLC corporation.

Before filing for Articles of Organization in the state of Maryland, you may want to take steps to research and secure an available business name for your company. This is a long process, so it is generally a good idea to secure your business name before taking steps to file your Articles of Organization.

Forming a Maryland LLC

An LLC Corporation is quite different than other types of corporations. Business owners in Maryland can find detailed information pertaining to the formation of an LLC within the Maryland LLC Act, specifically in Title 4A. A Maryland LLC is licensed to be able to carry out any business activity deemed to be related to the lawful business, whether the organization is a for-profit or non-profit corporation. The exception to this rule is any business that provides insurance-related services.

While the Maryland LLC Act does set forth some requirements for operating an LLC corporation, it is also quite flexible regarding actions an LLC can take:

  • LLC Corporations can either be formed with a limited time duration, meaning the business is expected to cease operations by a set date or leave the time limit as indefinite, meaning the company is expected to remain in business for the foreseeable future. 
  • Members of the LLC will typically enjoy a great deal of freedom and have the ability to structure the company in whatever way they believe will work best for their business.

Maryland LLC Formation: Factors to Consider

There are a number of factors to consider when deciding whether to structure your business as an LLC. For example, LLC members are not considered to be personally responsible for the actions of the company. This includes financial transactions and any possible debts accrued.

In the event that the company faces legal actions, your personal assets are usually immune from any settlements that may be leveraged against the company.  There are some exceptions to this statement, such as scenarios in which potential fraud may be a factor.

The potential credibility of an LLC corporation is not always readily apparent, causing some potential customers to be reluctant to do business with you. Taking the proper steps to register with the Secretary of State can go a long way to increase your company's reputability. Registering an LLC Corporation with the state can help to create a level of credibility with potential employers that Sole Proprietors and Partnerships may have a difficult time building over time.

LLC members are only taxed personally, not at the business level. This basically means that any income generated by the LLC is considered to be income for each individual member, and not income for the company. This is very different from normal corporation rules and can greatly simplify filing your taxes.

As an example of ways this can simplify tax situations, a corporation is usually expected to pay its own income taxes. Owners are then expected to pay additional taxes on any profits they receive from the company. This can effectively double the amount of income tax the government expects you to pay as a business owner.

While Maryland law provides LLC Corporations a lot of flexibility to determine how to structure and operate their business, they also offer some good suggestions you may want to take into consideration. For example, although you are not required to have a written agreement, it is still a good idea for your LLC to have one if it has more than one member. Members of an LLC are empowered to manage the company's daily operations, as well as make important decisions regarding the direction of the company.

Record keeping requirements for an LLC company are quite lenient. For example, an LLC is not required to maintain records regarding financial account transactions or meeting minutes. Although this is not a legal requirement, it may still be a good idea to do so in the event that documentation of this nature is needed during any legal preceding.

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