Creating a business entity in the US is not as complicated as it may seem at first glance. Once you get familiar with the procedure, local legislature, and requirements, you will have absolutely no fear of proceeding to it immediately. Just pay special attention to all respective details, described in our guide, as this is always the trickiest part.
An LLC is a prevalent option for creating legal entities in the country. They comprise a rather high percentage amongst all American businesses. In this article, we are going to find out why.
If you are looking into business legal forms to choose the most suitable and sufficient one, take a look at the LLC. Once you make your final decision, the Illinois Operating Agreement will help you manage all organizational matters. The given contract will protect all company members, regardless of the LLC type, from potential disputes about the business running principles and other relevant issues.
The operating agreements usually contain detailed provisions on the entity’s business policies and operating procedures, making the life of a beginning entrepreneur or starting top manager a lot easier. Once you have all the “initial settings” at hand, you are more likely to become a successful administrator.
All limited liability entities are regulated under the Illinois Limited Liability Company Act. The subject legislature regulates the LLC registration process in the state. According to the provided section, each Illinois LLC is entitled to defend its reputation and legal interests in court in case of a lawsuit. It is also legally allowed to get personal property or monetary assets and lend money or assist its employees by its interest. An LLC has the right to make donations for the public welfare and transact any lawful business in the US.
Several useful terms are explained in the State Definition 805 ILCS 180/1-5. Here are some of them below:
Make sure you have decided on the type of LLC you intend to create. It is also advisable to use legal assistance, as professional legal help you avoid undesirable mistakes. Prepare all the necessary documentation before filing for your company’s registration and get ready to pay appropriate fees. Please ensure you find a competent and trustworthy business accountant beforehand. We highly recommend distinguishing between your private and business bank accounts to protect your savings.
1. Naming the LLC
Creating an original name is essential to make your brand well-known. Think of a relatively bright but straightforward name that will help your potential customers understand what kind of services or goods you provide.
However, you should not forget about a couple of rules to follow while naming your LLC. First, the name should include the phrase “limited liability company” or its respective abbreviation. Make sure your suggested entity name does not contain any language prohibited by US law. It also cannot consist of any other than the English alphabet letters and must not include words like “Corp.” or “Incorporated.” Finally, check if the chosen name is available.
2. Registered Agent
You have to designate a legal representative of the LLC before getting it registered. Such an agent can be either an individual residing in Illinois or an entity that is allowed to perform its business activities. Your representative will handle all documentation and address all legal issues on your behalf if your company gets sued.
3. Articles of Organization
That is a legal paper you will receive as proof that your company has been legally registered. You may choose to file for this document online or by US mail. Before applying, each applicant should pay the required registration fees (the amount might be significant if your file online).
4. Illinois LLC Operating Agreement
Even though forming an LLC Operating Agreement is not obligatory in Illinois, this may prevent your company members from future disagreements. The paper consists of 16 pages and contains necessary information about the company and details about its arbitration, liquidation, and indemnification. To create an up-to-date customized Illinois LLC Operating Agreement Template, please use our soft-building software. It is easy to use, very convenient, and time-saving.
5. Federal Tax ID Number
Each employer in the US has to possess an EIN (or an FTIN) to manage its business, hire staff, open bank accounts, and provide information about the company’s financial activities to the IRS (which controls that the entity’s members have committed no illegal money-related acts). Applying for an EIN is free of charge.
6. Providing Annual Reports
Each LLC should file an annual report in the US to the Secretary of State. Filing such a report is obligatory; it costs $75 and has to be sent before the first day of your entity’s anniversary month (but no earlier than 45 days before your LLC’s anniversary).