LLC Formation

$199.00

SKU: FS-FORM-LLC Categories: ,

Description

Form a Limited Liability Company (LLC)

Only a law firm, with certified paralegals and licensed attorneys working on your matter, can provide you the features and security you need for a properly formed and managed LLC. Our exclusive benefits include:

What’s Included:

  • Lawyer Defined (TM). Only the very best will do for our clients.
  • The Couture Operating Agreement (TM). The best Operating Agreement available (short of hiring an attorney)
  • Work With Professionals. L4SB employs certified paralegals and trained legal assistants, with immediate escalation to attorneys as necessary.
  • Same Day Service
  • Automatic Privacy. We only convey the absolutely minimum necessary to the state, in an attempt to maximize your privacy.
  • Articles of Organization. Used to obtain the stamped Articles or Certificate of Organization.
  • Stamped Articles / Certificate of Organization. Necessary to open a bank account, and depends on the state of formation.
  • Registered Agent Service. Legally required to receive legal notices and service of process.
  • FEIN Acquisition Assistance
  • Tax Status Assistance. We can help setup the right tax status for your entity.
  • Name Availability Verification
  • Template Corporate/Member Resolutions
  • Tailored Instructions: How to Vote. We give you personalized, tailored instructions on how to properly conduct a vote, given the methods and options you’ve selected in your Couture Operating Agreement.
  • Tailored Instructions: Taxation. We also give you personalized, tailored instructions on the tax status of your organization.
  • Tailored Instructions: Next Steps. Once your organization is formed, we give you a checklist on next steps.
  • Spousal Consent. Very important for community property states, and included in the Couture Operating Agreement.
  • Compliance Assistance. Our systems will notify you of important dates and upcoming compliance tasks.
  • Personalized Dashboard. We are investing heavily in technology, and constantly adding new features to make it easy to keep informed, seek guidance, obtain assistance, and more.
  • Bank Account Anywhere. You can obtain a bank account anywhere in the US with our LLC’s.
  • From Cradle to Grave. Forming a company is just your first interaction with us — we’ll be here to help you at every step, to provide legal assistance, advice, documents and much, much more (additional fees may apply).
Lawyer Defined (TM)

A L4SB exclusive. This means guaranteed high-quality processes and documents, to maximize your security, privacy, liability and asset protection, and much more. We won’t let you do something that can jeopardize your long-term safety, like our competition. For example, when our competition says you can use their address and provide “free mail service,” doing this violates USPS rules and therefore could be used against you and your company by a plaintiff’s attorney, if you ever found yourself in a lawsuit. We will also advise you, and help you setup your organization structure properly to maximize tax benefits, minimize liability, and ensure legal compliance in all jurisdictions you may operate.

Registered Agent Services

A registered Agent is a person or company with a mailing address (not PO box) in the state your company is registered who can receive service of process and governmental notices on behalf of your company. This is not a physical address for your company. The Law 4 Small Business difference: You’re not alone — We review legal notices sent to your company, and will give you feedback / guide you, if requested.

The Couture Operating Agreement (TM) for LLC’s

Only L4SB has it. We’ve written an expert system that generates a high-quality, highly customized Operating Agreement for you. Chose from over 100+ options, and it’s smart — it guides you and makes recommendations based on what it learns from you.

No Attorney-Client Privilege and Confidentiality

Our LLC Formation is a filing service, not a legal service. Therefore, this service should NOT be viewed as conveying general legal attorney-client privilege and confidentiality, like our attorney consults do. When you order an attorney consult, the communications and conversations with our attorneys are subject to attorney-client privilege and confidentiality, to the extent we can convey it, in the states we’re licensed. Such attorney-client privilege and confidentiality does not exist for this particular service. Please do not disclose any information to us, that you would view as privileged and/or confidential.

This is a Filing Service, not a Legal Service

Legal services are governed by each state’s Professional Rules of Conduct, which convey numerous duties and obligations on attorneys that you may not normally expect. For example, when performing legal services, it’s critical an attorney does not create a conflict of interest with the client, as well as inform the client of any conflicts of interest. In this instance (for our LLC Formation filing service), we do not view nor treat this service as a legal service and therefore do not perform conflicts checking.

Client understands and acknowledges that purchasing the services herein are subject to the following:

General Terms and Conditions

  • This service includes our preparation, processing and handling (valued at $150) of your formation, and the submission of your application (remainder of fees). Our services are completed once your entity is formed, and we’ve completed any additional options or professional assistance you ordered.
  • We cannot guarantee that your desired company name is available, nor that it can be filed exactly as you’ve requested. For example, some states (and especially the IRS) have legal requirements on names (i.e. cannot use profane language or perpetuate a fraud) and some agencies have limitations on spacing, punctuation and capitalization.
  • You will be billed $129/year after the first year, for Registered Agent services. If you cancel, we will resign as your Registered Agent and your LLC will go into “not good standing” with the Secretary of State and eventually be dissolved, if you do not find a replacement Registered Agent.
  • Expedited times are approximates only. Law 4 Small Business will usually process your order in 1 to 2 business days, but we are dependent on the relevant state agencies and sometimes, the US Postal Service.

Refund and Cancellation Policy

  • We will REFUND YOU IN FULL, at your request, provided we have not performed any services on your behalf. There is NO REFUND for completed services.
  • Note that our services INCLUDE preparation, processing and handling (valued at $150), even if we end up not submitting your entity formation to the state (for whatever reason). Therefore, if we’ve spent time on your behalf in the preparation, processing or handling of your order, we reserve the right to deduct $150 from any refund you request. Preparation, processing and handling includes trying to contact you to verify and approve our work, even if you fail to respond to us.
  • We will cancel your order, at our discretion, if you are unresponsive or otherwise fail to answer our questions to our satisfaction. If we cancel for this reason, we will NOT issue you a refund unless you request it. If you do request it and we issue a refund, it will be less $150 for our services related to the preparation, processing and handling of your order, and less any other services we have provided (i.e. if you ordered a document, and we sent you that document, we will deduct the cost for that document from your refund). Typically, we will not cancel your order, unless we have been unable to move your order forward for eight (8) months or more.
  • We will first attempt to issue you a refund using the same payment method you used to pay for your order. If that fails (i.e. because we’re beyond the deadline to do this — typically six (6) months for credit cards), we will issue a check to the name used on the payment method (i.e. if Joe ordered from us, but used Jane’s credit card, we will issue the refund to Jane).

Important LLC Disclaimers

  • L4SB makes no representation as to whether you are “transacting business” in your home state, or any other state. If you decide you’re transacting business in state other than the state where your LLC is formed, talk to L4SB to discuss registration requirements in any state where you may be “transacting business”.
  • Attorney-client privilege and confidentiality is not absolute. If L4SB is subpoenaed by a court or state entity of competent jurisdiction, L4SB will have to respond although L4SB will coordinate with you and/or your local attorney.
  • It is critical you do not commingle funds, undercapitalize your LLC, or do anything else that would permit a plaintiff to “pierce the corporate veil”, otherwise you could lose your liability protection. Talk to L4SB to learn more.
  • You may be required to file initial reports or annual reports for your LLC. We are not responsible for these reports, although we will answer your questions if you ask us.

“Member Managed” means the LLC is simply managed by the Members. All Members have similar powers to run day-to-day operations of the business, and the Operating Agreement will specify what powers the Members have that do and do not require a vote.

“Manager Managed” means the day-to-day operations of the LLC is managed by a Manager. The Manager has certain powers, as specified in the Operating Agreement, that do not need the approval of the Members. Note that Members will always have some powers reserved to a vote, such as assigning a new Manager, or dissolving, or bringing on new Members. A Manager does not need to be a Member, but one or more Members can certainly be the Manager.

Typically, clients are advised that it’s often best to go with a “Member Managed” LLC unless one of two things is present:

  • One or more Members will run day-to-day operations, and other Members will not (i.e. silent investors, for example). It’s often convenient to make as Managers the day-to-day operating Members, so they can run the business without having to always call a vote.
  • One Member is really the “one in charge.” This Member can be assigned as the Manager, and have additional powers assigned to him or her.

This is often a very complicated subject that is often ignored. If you have questions, please contact us.

No. The Registered Agent is a specific person or entity, available at a specific address, where service of process and legal notices can be sent (think sheriff showing up with a summons).

This means you want a Registered Agent who:

  1. has a valid office that is staffed during normal business hours (i.e. be careful with those “cheap registered agents” you find on the Internet),
  2. knows something about the law, and knows how to properly accept service (i.e. again, be careful with registered agents who are not attorneys), and
  3. can convey some level of attorney-client privilege and confidentiality. This means the staff will be properly trained not to give out sensitive information, thereby better protecting your anonymity.

 

A Registered Agent can simply scan in your material, and email it to you when received.

This is different from a “Physical Mailing Address.” Such an address would can receive actual mail, perhaps checks, credit cards and more. These things cannot be scanned. They must be physically handled and relayed. They don’t have to be staffed the same way a Registered Agent’s address needs to be staffed. Such addresses also have an impact with Google and other search engines, which are becoming ever increasingly smart and will “flag” addresses that are shared by too many businesses.

Tax status is very confusing for LLC’s. Take for example, when an accountant says “S-Corp”. This means “tax status”, and both a LLC and a Corporation can be taxed “like a S-Corp.”

LLC’s can be taxed as either disregarded, partnership, S-Corp or C-Corp. Each have their advantages and disadvantages (so you should consult with a tax professional at some point).

It is NOT necessary you know what tax status you want, when you form a LLC. Furthermore, we do not need to know the tax status when forming your LLC, and the tax status is really not relevant to forming a LLC. But, if you do know, we can help you if you select the appropriate option in your order.

However, tax status is critical for the Operating Agreement, and we do provide you with an Operating Agreement — by giving you access to our Expert System (we call it the “Couture Operating Agreement”) that builds you a high-quality, highly customizable Operating Agreement.

It’s possible to obtain an Operating Agreement from us, without knowing what tax status you want. That’s okay, because our Couture Operating Agreement will make assumptions, although those assumptions could end up being wrong down the road if you decide you want a tax status that is different from what our Expert System assumes. If that turns out to be the case, you can always come back to us and request further access to our Couture Operating Agreement, so you can obtain the appropriate Operating Agreement for your tax status.

A quick word on the assumptions our Couture Operating Agreement system makes: Our assumptions are the same as what the IRS makes. For example, if you’re a sole member LLC, we’re going to assume disregarded tax status (that is the same as what the IRS does). If you’re a multimember LLC, we’re going to assume partnership tax status (again, that is what the IRS does).

What this means is, you’re considering a competitor of ours who is not a law firm or attorney.

If you do this, you can potentially destroy the liability protection a LLC offers. Why? Because a Secretary of State’s office will certainly accept a LLC registration where an address is the same for both the “Registered Office” and the “Physical Mailing Address” of the LLC. However, under statute you are required to truthfully disclose where the LLC is located. Unless you have an actual lease, permitting you to conduct business, out of the Registered Agent’s office, you haven’t been truthful in your LLC registration. This can be utilized by a competent plaintiff’s attorney to argue they should be permitted to pierce the corporate veil.

Contrast this to a “virtual office” or “virtual mailbox.” In such a scenario, you have actually leased the service, and therefore are in control of the service, and therefore have been truthful in your LLC registration. This cannot be utilized by a plaintiff’s attorney to attempt to pierce the corporate veil of your LLC.

Therefore, beware when purchasing legal services — even something as simple as a LLC formation — from anyone other than a properly licensed attorney or law firm.