Utah LLC Formation

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Steven S.

Steven Stark

391 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

190 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

255 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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Ryan W.

Ryan Woods

Ryan Woods is both a business attorney and an entrepreneur, with years of experience behind him as a successful online business owner. Ryan was recently licensed to practice law in California. He is experienced in all areas related to starting a new business, with a particular focus on labor and employment law, as well as securities and finances. He has been the CFO and a general counselor at Tinsel App Holdings Inc. since March 2015.
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Christopher E.

Christopher Ezold

1 review
Christopher Ezold has over 22 years of experience as an attorney at law. He has experience in a diverse range of legal practice areas, including finance, equity and asset purchase, labor and employment law, business formation-related legal matters, real estate law and more. Christopher is licensed to practice law in Pennsylvania and New Jersey. He received his legal degree from the Villanova University School of Law. Christopher has been a managing partner of The Ezold Law Firm since 1995.
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Peter B.

Peter Boyd

16 reviews
Peter is an entrepreneurial-minded attorney with a practice focused on advising entrepreneurs, companies, and investors on a range of issues including strategic transactions and corporate governance. He developed a solid understanding of business operations as a former management team member of a startup. His goal is to help people assess legal risks so they can make informed decisions.
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Elizabeth O.

Elizabeth Oyen

Elizabeth Oyen is a tax attorney that serves a number of corporate clients. She is licensed to practice law in New York and Michigan. Elizabeth obtained her law degree at the Michigan State University, and have since built up more than 15 years of experience. She has been operating her own consulting and legal services business since 2012. Before starting her own company, Elizabeth gained experience while working for MetLife and the Michigan State Department of Treasury.
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Heshmat A.

Heshmat Ali

Heshmat Ali is a corporate attorney who has been practicing law for over a decade. He is licensed to practice law in California and obtained his legal degree from the Southwestern Law School. Heshmat specializes in reviewing, drafting and negotiating commercial contracts. He also deals with legal cases related to immigration law. Heshmat often provides his legal assistance to startup companies. He served as an attorney at the Orange County Public Defender between 2008 and 2014.
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Charisse M.

Charisse Mullen

2 reviews
I was born and raised in Brooklyn, New York. I obtained my Baccalaureate Degree in Criminal Justice from North Carolina Central University (“NCCU”) and my Juris Doctor from... read more
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Tony D.

Tony Detoro

Tony DeToro is currently a private attorney at law who specializes in law cases involving data privacy, labor and employment, technology, technology transactions and litigation management. He is registered with the Association of Corporate Counsel and completed his Doctor of Law at the University of San Francisco School of Law in 1984. Tony has also worked with United Online, Inc. for more than 15 years as their VP.
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Why use UpCounsel to form your LLC in Utah?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Utah LLC the right way.
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Why use UpCounsel to form an LLC in Utah

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

Requirements for Forming a Utah LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Utah 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 Utah 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 Utah 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 Utah.

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

This information must include:

  1. The LLC's name and address.
  2. The LLC's purpose.
  3. The name and address of each organizer who is not a member.
  4. The LLC's registered agent's name, address, and signature (accepting the position).
  5. Type of management (member-managed or manager-managed) and duration.

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

LLC Operating Agreement: Although the LLC Operating Agreement is not required with the Certificate of Organization, it is a good idea for every LLC with more than one member to have one. The Certificate of Organization may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. Utah 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 Certificate 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 Utah Division of Corporations for specific licenses.

Resident Agent needed for a Utah LLC

Remember every Utah 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 must be a Utah full-time resident or business entity registered with the Utah Division of Corporations. Your LLC cannot serve as its own agent.

Utah Division of Corporations

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

For further information, contact the Utah Division of Corporations.

Recurring Responsibilities and Duties for Utah LLCs

Annual Renewal: Utah requires LLCs to file an Annual Renewal one year from the date of your registration with the state. The filing fee is $15, and you may do this online or by mail. Your LLC's registered agent will receive a reminder 60 days prior to the due date.

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

Filing Fees for a Utah LLC

The processing fee for the Certificate of Organization is generally about $70. Also, the filing and reservation of the LLC's name is $22. These fees can change so it would be best to check with the Utah Division of Corporations 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 Utah LLC

A Utah 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.

Utah 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 Utah 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.

Start Your Business Off Right with an Affordable LLC Formation Attorney in Utah

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