District of Columbia LLC Formation

District of Columbia LLC Formation Attorneys & Lawyers for Hire

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Steven S.

Steven Stark

283 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Richard G.

Richard Gora

157 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Joshua G.

Joshua Garber

199 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Nina-Belle M.

Nina-Belle Mbayu

Texas State licensed attorney looking for supplemental employment to utilize extensive research and writing, policy, pre-litigation, transactional, regulatory, and administ... read more
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Nicole I.

Nicole Islinger

Nicole Islinger is a business-oriented attorney at law. She combines her experience in executive management and legal fields in order to provide her corporate clients with effective legal advice. Nicole received her legal degree from the Washington College of Law. She is licensed to provide legal services in Virginia. Nicole recently became the director of HPE. Prior to this position, she was a senior counselor at BASF.
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Ayanna W.

Ayanna Wooten-Days

Ayanna Wooten-Days, Of Counsel at Miles & Stockbridge, focuses on the practice of general corporate and securities law for a variety of industries. Her clients are minority and women owned businesses, tax-exempt non-profits, and mid- market companies. Ayanna is also a Mentor at AccelerateDC, a Venture Mentoring Service for entrepreneurs in Washington D.C.
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Thomas V.

Thomas View

9 reviews
Thomas View has experience as an attorney and an entrepreneur. He combines his expertise to provide effective legal services to corporate clients. Thomas has been practicing law in the District of Columbia for the past 18 years. He has represented Nu-Pulse, The American Red Cross, Black Entertainment Television and many other corporate clients. Thomas focuses on business formation, commercial contracts and all other business-related legal matters.
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Nicholas G.

Nicholas Grimaldi

Nicholas Grimaldi became a member of Fierst, Kane & Bloomberg, LLP in 2014. He represents individuals and businesses in real estate, corporate transactions, commercial law, and bankruptcy matters. In the past, he has represented a manufacturer in multi-million dollar acquisitions, practiced extensively in bankruptcy, and worked in both state and federal appellate courts.
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Timothy O.

Timothy O'shea

Timothy is a former Corporate Partner of Chambers & Partners, a national U.S. firm. He was the legal and business adviser to many firms - Private Equity firm, Multi-Family Office and an international Wealth Management firm. With over 24 years of experience in the legal world - he is equipped in Contracts, Drafting, Negotiating and Transactions. He graduated Cum Laude from Duke University School of Law.
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Matthew C.

Matthew Corkery

Member of a boutique DC law firm. Counseling clients on legal issues from entity formation, drafting contracts, regulatory compliance, data breach remediation and complianc... read more
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Why use UpCounsel to form your LLC in District of Columbia?

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Why use UpCounsel to form an LLC in the District of Columbia

Starting an LLC in the District of Columbia with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in the District of Columbia with UpCounsel, the attorney you choose to help you will conduct a business name search for your the District of Columbia LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Articles of Organization have been prepared and successfully filed with the the District of Columbia Corporations Division, your District of Columbia LLC has been formed and begins its existence as a Corporation entity.

Requirements for Forming a the District of Columbia LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your District of Columbia Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company. A professional LLC must contain the words "professional limited liability company" or the abbreviations "P.L.L.C.", "P.L.C.", "PLLC", or "PLC." The words "limited" and "company" may be abbreviated to "Ltd." and "Co.", respectively.

It must be distinguishable (not the same as or deceptively similar to) the name of an the District of Columbia Limited Liability Company or foreign LLC reserved or registered and the words "Bank", "Banc", and "Bancorp", must be for a company that is a bank and must be approved by the Department of Banking.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your District of Columbia Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the District of Columbia.

Articles of Organization: When forming an LLC in the District of Columbia, the Articles of Organization must be filed with the the District of Columbia Corporations Division. District of Columbia law requires that certain information be included in your Articles of Organization when forming your the District of Columbia LLC.

This information must include:

  1. The LLC's name and address.
  2. The LLC's purpose.
  3. The LLC's registered agent's name, address, and signature (accepting the position).

Additionally, a District of Columbia LLC formation generally requires inclusion and/or consideration of the following:

LLC Operating Agreement: Although the LLC Operating Agreement is not required with the Articles of Organization, it is a good idea for every LLC with more than one member to have one. The Articles of Organization may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. the District of Columbia recognizes operating agreements as governing documents.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Articles of Organization or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Business Licenses: Business licenses and/or permits are required for most LLC's offering specific professional services. Contact the the District of Columbia Corporations Division for specific licenses.

Resident Agent needed for a the District of Columbia LLC

Remember, every District of Columbia LLC must have a registered agent in the state, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The registered agent may be a full-time resident of the District of Columbia or a business entity that has authority to transact business in the District of Columbia. A physical District of Columbia street address is required of the registered agent.

The District of Columbia Corporations Division

Once you create an LLC in the District of Columbia, the District of Columbia Corporations Division will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the the District of Columbia Corporations Division.

Recurring Responsibilities and Duties for the District of Columbia LLCs

Biennial Reports: Every District of Columbia LLC must submit a biannual report to the Department of Consumer and Regulatory Affairs. This must be accompanied by a registration fee of $300. You must file using the Two-Year Report for Domestic & Foreign Filing Entity, Form BRA-25. Your first biennial report should be filed by April 1 after the year of LLC formation. After that, you will be required to file biennial reports every other April 1st. You should include in the report:

  1. LLC's name
  2. State where LLC first organized
  3. LLC's principal office address
  4. LLC's registered agent name and address
  5. Names and business addresses of managers (if applicable)

Records: Each the District of Columbia LLC must keep complete Corporation records open to inspection at its principal office.

Filing Fees for a the District of Columbia LLC

The processing fee for the Articles of Organization is generally about $220. Also, the filing and reservation of the LLC's name is $50. These fees can change so it would be best to check with the the District of Columbia Corporations Division on what the latest fees are. You may pay these fees in many different forms including cash, check, money orders, or debit and credit cards.

Taxes for a the District of Columbia LLC

A the District of Columbia LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity", so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

The District of Columbia state law follows federal law for income tax purposes. Therefore if the LLC is classified as an association taxable as a corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in the District of Columbia as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

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