When it comes to launching and operating a business in the U.S., the Limited Liability Company (LLC) is one of the most popular entity types. LLCs can protect you from personal liability, while allowing owners to choose how to structure their business internally and avoid double taxation. These factors, combined with more relaxed filing requirements and fewer restrictions, make the LLC particularly attractive to entrepreneurs—especially those in cities like Los Angeles, where the business landscape is highly competitive. Though the process of setting up an LLC in any state can initially seem overwhelming, you can simplify the process by focusing on five of the most important things to keep in mind.

1. Form an Operating Agreement

One of the first steps to setting up an LLC is creating an Operating Agreement that outlines the structure, roles, and responsibilities of each of the LLC members. This document is essential for internal negotiations and also helps when applying for certain certifications, such as a Minority Business Enterprise (MBE) designation. When developing the Operating Agreement, be sure to consider the type of business you’ve formed, the interests of the various members involved, the size of the LLC, and any potential tax implications. Although operating agreements are not legally required in California, they are an essential part of LLCs and are recommended by Los Angeles business attorneys and Gov.

2. Select and Register Your Business Name

The next step in the process is selecting and officially registering a business name. Los Angeles entrepreneurs should pay particular attention to the state rules regarding LLC names and avoid names that are already in use, offensive, too generic, or that imply a connection to a government agency. Furthermore, the name must end with certain words, such as “LLC” or “Limited Liability Company.” To reserve a name, entrepreneurs must file the “Name Reservation Request” form with the California Secretary of State. A small fee is usually required. After receiving approval, the name can be reserved for up to 60 days.

3. Obtain an Employer Identification Number (EIN)

An Employer Identification Number (EIN) is a unique nine-digit identification number issued by the IRS to identify specific business entities. It is similar to a Social Security Number and it enables companies to open a business bank account and to hire and pay employees. Since LLCs are separate entities from their owners, they must obtain an EIN. Fortunately, the process is easy and free. Entrepreneurs can apply directly from the IRS website, or hire an attorney to help with the process.

4. File Articles of Organization

The Articles of Organization are documents required by California to officially declare the formation of an LLC. It must include the name of the company, its registered address, contact information, number of members, and other pertinent information. When filling out the Articles of Organization, professional legal advice is highly recommended. Moreover, entrepreneurs should always send the completed form, along with any other necessary items, directly to the California Secretary of State. A small processing fee is usually required.

5. Comply With Other Legal Requirements

LLC owners must also stay abreast of additional legal requirements to keep their businesses in good standing. This includes filing tax returns, monitoring the state of the LLC (through annual upkeep and capital calls), registering with the IRS as an S-Corp for federal tax purposes, and obtaining necessary licenses and permits. Furthermore, LLC members must its ensure its members are aware of their individual roles and responsibilities and that all contractual agreements and shareholder rights are upheld.

Forming an LLC in Los Angeles can be an intimidating process. However, if entrepreneurs are diligent in forming an Operating Agreement, selecting the appropriate name and registering it with the state, obtaining an EIN, filing the required Articles of Organization, and understanding the legal documents and requirements, they can make the entire process smoother and simpler.

Topics:

LLCs,

Business Lawyers,

Los Angeles