Maryland LLC Formation

Maryland LLC Formation Attorneys & Lawyers for Hire

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Steven S.

Steven Stark

274 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

156 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

196 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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Christal E. E.

Christal E. Edwards, Esq., Mph, Ms

Christal is the managing attorney of the Ewards Legal Group, LLC which offers a comprehensive range of litigation, transactional, and counseling services to both healthcare clients and business entities. She is a licensed attorney with both civil and criminal litigation experience and a specialty in healthcare law. She practices law with compassion, enthusiasm, and ingenuity.
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Tianyun J.

Tianyun Ji

2 reviews
Tianyun Ji is an attorney at law with three years’ experience. She specializes in a wide range of corporate legal practice areas, including real estate, business transactions, immigration law and commercial contracts. Tianyun received her Juris Doctor degree in law after she graduated from the Georgetown University Law Center. Since August 2013, Tianyun has been an attorney at Business Law Associates LLC.
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Ayeisha A. C.

Ayeisha A. Cox

Ayeisha Cox has a background across the health care industry which includes advising clients on regulatory, legislative, and policy issues. Ms. Cox has also counseled clien... read more
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Steven B.

Steven Berger

Steven Berger specializes in probate, wills and trusts. He assists business owners in order to ensure their assets are dealt with accordingly at all times. He is licensed to practice law in Maryland and received his Juris Doctor from the University of Maryland Francis King Carey school of Law. Steven is a member of the Maryland State Bar and the WealthCounsel Associations. He is currently the owner of his own law firm, but has also worked as a counselor at the Duvall Law Firm.
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Bryan R.

Bryan Reddix

2 reviews
Bryan Reddix is a business attorney with extensive experience in dealing with contracts, trademarks, and business formation. As an attorney he has served a variety of clients, from small “Mom and Pop” stores to large multi-national Fortune 500 Corporations. Bryan is the managing partner of The Reddix Firm, LLC. a new-age law practice offering affordable General Counsel Services to all businesses.
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Ari M. M.

Ari M. Mossovitz

2 reviews
Ari M. Mossovitz is an attorney at law who has been serving corporate clients for the past two decades. He has provided his legal assistance in more than 50,000 real estate legal matters. Ari is licensed to practice law in Maryland and received a law degree from the University of Baltimore School of Law. Ari has represented Wells Fargo, SunTrust Bank and many other corporate clients. He founded his own law offices in September 2014.
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Savannah C.

Savannah Castro

As managing partner at Madison Sunset Law, Savannah Castro, Esq. is your attorney for any corporate or immigration legal advice. Licensed to practice in Arizona and District of Columbia, Savannah Castro is an active member of several associations, including the American Immigration Lawyers’ Association. She has also worked as a compliance officer, a contract negotiator, and is a certified mediator.
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Why use UpCounsel to form your LLC in Maryland?

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Why use UpCounsel to form an LLC in Maryland

Starting an LLC in Maryland 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 Maryland with UpCounsel, the attorney you choose to help you will conduct a business name search for your Maryland 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 Maryland Department of Assessments and Taxation, your Maryland LLC has been formed and begins its existence as a Corporation entity.

Requirements for Forming a Maryland LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Maryland 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 Maryland 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 Maryland 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 State of Maryland.

Articles of Organization: When forming an LLC in Maryland, the Articles of Organization must be filed with the Maryland Department of Assessments and Taxation. Maryland state law requires that certain information be included in your Articles of Organization when forming your Maryland 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 Maryland 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. Maryland 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 Maryland Department of Assessments and Taxation for specific licenses.

Resident Agent needed for a Maryland LLC

Remember every Maryland 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 statutory agent may be over the age 18 and a Maryland business entity registered with the Maryland Department of Assessments and Taxation.

Maryland Department of Assessments and Taxation

Once you create an LLC in Maryland, the Maryland Department of Assessments and Taxation will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Maryland Department of Assessments and Taxation.

Recurring Responsibilities and Duties for Maryland LLCs

Annual Report: Maryland requires LLCs to file a Personal Property Return (PPR). This must be filed by mail by April 15 every year. The filing fee is $300.

Records: Each Maryland LLC must keep complete Corporation records open to inspection at its principal office.

Filing Fees for a Maryland LLC

The processing fee for the Articles of Organization is generally about $100. Also, the filing and reservation of the LLC's name is $25 and $50 for expedited filing. These fees can change so it would be best to check with the Maryland Department of Assessments and Taxation 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 Maryland LLC

A Maryland 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.

Maryland 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 Maryland 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.

Make sure to also check up on your state's tax laws. Some LLC's may be subject to other taxes.

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