Vermont LLC Formation

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Steven S.

Steven Stark

333 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

180 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

234 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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Abraham K.

Abraham Kwon

15 reviews
Emerging companies look for value and quality when they are searching for legal services. Abraham Kwon and Marley Kwon LLP pride themselves on offering both of these attributes. Mr. Kwon practices in mergers and acquisitions, venture fundraising, securities law and compliance, and organizational matters. He can also help with corporate governance issues as well.
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Lee C.

Lee Carr

Lee Carr knows the oil and gas industries and can help your company with numerous business matters from real estate to mergers and acquisitions. Experience with business formation and commercial contracts also comes with that type of experience. Mr. Carr can also help businesses deal with debt problems, insolvency, and bankruptcy. He can even bring a case to court as well.
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Jason W.

Jason Woodside

Jason currently works as an Attorney with Woodside Law, P.A. and is the President of J. Bradford Consulting, Inc. Previously, Jason worked as a Law Clerk for Johnson, Pope, Bokor, Ruppel & Burns, LLP. His focuses include offering materials, registration statements, as well as advising clients on the availability of various registration exemptions. His experience also extends to General Corporate Law. He obtained his J.D. in Business Law from the Florida State University College of Law.
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Jared R.

Jared Roark

Attorney Jared Roark first began his career as a law clerk at Alexander & Associates in January 2013. After passing the California Bar in July of 2013, he became an attorney at Alexander & Associates and currently practices business litigation, trust contests, probate, estate planning, and asset protection. Attorney Roark has a personal mission to properly educate families and individuals on why they need to have a well-written will and estate in place. Attorney Roark is licensed to practice law in the US District Court and in the State of California.
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Kristen B.

Kristen Browde

The primary practice areas of David's firm, David A. Browde, PC, are divorce, child support, alimony, and other aspects of family law including custody cases. He can also handle defense against civil litigation cases in addition to registering trademarks. Before practicing law, he spent over 15 years as a television reporter for several stations including CBS.
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Daniel K.

Daniel Kim

2 reviews
Daniel Kim does legal work for technology companies, engineers, creatives, as well as investors. He spent over two years as an Attorney at the US Immigration Law Group LLP and is currently doing legal work for DDK Law. His specialties are inclusive of business agreements, revenue share, data ownership, security, etc. He attended the University of California, Hastings College of the Law, and graduated with his J.D. in 1999. He has also obtained his B.A. in English Literature and History.
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Thomas B.

Thomas Burton

2 reviews
Harnessing the power of technology, Thomas Burton operates a virtual law office where he provides affordable services in estate planning and business law. Representing clients throughout Wisconsin and Minnesota, Mr. Burton applies for EIN numbers from the IRS and drafts quit claims, transfers on death, warranty deals for real estate contracts, contracts, wills, and revocable trusts.
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Why use UpCounsel to form your LLC in Vermont?

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 Vermont LLC the right way.
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Why use UpCounsel to form an LLC in Vermont

Starting an LLC in Vermont 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 Vermont with UpCounsel, the attorney you choose to help you will conduct a business name search for your Vermont 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 Vermont Secretary of State, your Vermont LLC has been formed and begins its existence as a corporate entity.

Requirements for Forming a Vermont LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Vermont 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. 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 any Vermont Limited Liability Company or foreign LLC reserved or registered and cannot contain the words "bank," "trust," "trustee,""incorporated," "inc.," corporation," or "corp.," or "insurer" or "insurance company" or any other words suggesting that it is in the business of issuing policies of insurance and assuming insurance risks.

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 Vermont 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 Vermont.

Articles of Organization: When forming an LLC in Vermont, the Articles of Organization must be filed with the Vermont Secretary of State. Vermont state law requires that certain information be included in your Articles of Organization when forming your Vermont LLC.

This informationmustinclude:

  1. The LLC's name and address.
  2. The LLC's registered agent's name, address, and signature.
  3. The LLC's fiscal year (start and finish dates).
  4. Whether the LLC is run by managers or members; the name and address of each manager or managing member.
  5. Whether the organizers will be personally liable for the LLC's debts or not.
  6. The organizer's address.
  7. The LLC's purpose.

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

Organizers: One or more people may form a LLC, yet they do not need to be members of the LLC.

Minimum Number of LLC Organizers: One (or more).

Eligibility: An organizer may be an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign.

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. If an operating agreement is created, it need not be filed with the Articles of Organization.

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.

Resident Agent needed for a Vermont LLC

Remember every Vermont LLC must have a registered agent in Vermont, 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 an Vermont resident or business entity authorized to do business in Vermont. The registered agent must have a physical Vermont street address.

Vermont Secretary of State

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

For further information, contact the Vermont Secretary of State.

Recurring Responsibilities and Duties for Vermont LLCs

Annual Report: Each limited liability company shall provide an annual report to the Vermont Secretary of State regarding its financial condition to each of its members. The report is due within 2 months of the end of the LLC's fiscal year. The filing fee is $25 for a Vermont LLC and $125 for a foreign LLC.

Business Licenses: Business licenses and/or permits are required for most businesses. Contact the Vermont Secretary of State for specific licenses.

Filing Fees for a Vermont LLC

The processing fee for the Articles of Organization is generally about $100. Also, the filing and reservation of the LLC's name is $20. These fees can change so it would be best to check with the Vermont Secretary of State on what the latest fees are. You may pay these fees in many different forms including, check or debit and credit cards, depending on how you send your form.

Taxes for a Vermont LLC

A Vermont 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.

Vermont state law follows federal law for income tax purposes, but also requires a state identification number for the Vermont LLC.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in Vermont 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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