Things to Know Before Starting an LLC

Before starting an LLC, it's important to understand the potential benefits of limited liability, the necessity of creating an operating agreement, the tax implications, and the registration requirements in your state.

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Starting your own business can be an exciting and rewarding endeavor. If you’re considering forming a limited liability company (LLC), it’s important to be well-informed about the process and understand what it entails. In this article, we’ll guide you through the key things to know before starting an LLC, so that you’re equipped with the necessary knowledge to make informed decisions. With the right knowledge, you’ll be on the path to forming an LLC as smoothly and efficiently as possible.

What is an LLC?

An LLC, or limited liability company, is a popular business structure that combines the flexibility and simplicity of a partnership or sole proprietorship with the limited liability protection of a corporation. It provides the notable benefit of personal liability protection for its owners (referred to as members) while offering operational flexibility and favorable tax treatment. Read more on limited personal liability definition.

Pros of forming an LLC include personal asset protection, pass-through taxation, and minimal paperwork (see pass-through taxation definition). However, it’s important to consider the cons as well, such as self-employment taxes and potential difficulty in raising capital.

What to Know Before Starting an LLC

There are quite a few things to consider when you start an LLC. While every business is a little different, here are the basics to keep in mind as you’re getting started. You can explore when to start an LLC for more information.

Have a business plan

Before diving into LLC formation, it’s crucial to develop a comprehensive business plan. This plan outlines your goals, target market, competition, and financial projections. It serves as a roadmap for your business’s success and can help you secure funding or attract potential partners.

You’ll need a unique name

Choosing a unique and memorable name is essential for your LLC. It should reflect your brand, be easy to remember, and comply with your state’s naming requirements. 

A registered agent is required

Every LLC must have a registered agent (For more information, please see our what is a registered agent page), also known as a statutory agent, resident agent, or agent for service of process. This person or entity is responsible for receiving legal and official documents on behalf of your business. ZenBusiness offers reliable registered agent services to help ensure your compliance with the state regulations for registered agents.

Check to see what licenses and permits you need

Depending on your industry and location, you may need specific licenses or permits to operate legally. Research the requirements in your location and industry to ensure compliance. Keep in mind that licensing may be needed on the federal, state, and/or local levels. ZenBusiness provides a business license report service, helping you identify and obtain the necessary licenses and permits for your business.

An operating agreement is helpful (and sometimes required)

Although not mandatory in all states, having an operating agreement for your LLC is highly recommended. (For more information please see our operating agreement definition page.) This document outlines the ownership structure, member roles, decision-making processes, and other important aspects of your LLC. It helps prevent misunderstandings and conflicts among members.

Determine how the LLC will be managed

LLCs can be managed by their members (member-managed) or by appointed managers (manager-managed). Consider which management structure best suits your business and clearly define roles and responsibilities within your operating agreement.

Keep business and personal finances separate

Maintaining separate bank accounts and financial records for your LLC and personal finances is crucial for legal and financial protection. It helps establish the LLC as a separate legal entity and simplifies bookkeeping. ZenBusiness offers business banking services to help you set up a dedicated business account conveniently.

You’ll probably need an EIN

An employer identification number (EIN) is a unique nine-digit number issued by the IRS to identify your business for tax purposes. While not all LLCs require an EIN, most will need one to open a business bank account. ZenBusiness can assist you in obtaining an EIN quickly and easily.

Decide how your LLC will be taxed

LLCs have flexibility in choosing their tax structure. By default, they are taxed as either a sole proprietorship (for single-member LLCs) or a partnership (for multi-member LLCs). However, you can elect to be taxed as an S corporation (please see our What is an S Corp? page) or What is a C corporation? for potential tax advantages. Consult with a tax professional to determine the best tax option for your business. Check out Guide to LLC tax filing.

Start establishing business credit soon

Building business credit is essential for the long-term financial health of your LLC. It helps you access funding, negotiate favorable terms with suppliers, and separate personal and business credit. ZenBusiness offers resources and tools to help you establish and improve your business credit profile.

LLCs are harder to raise money for than corporations

Compared to corporations, raising capital for an LLC can be more challenging. Consider your funding needs and explore various financing options such as small business loans, grants, crowdfunding, or seeking investors. 

You may want professional help

Forming an LLC can be complex, and seeking professional assistance can streamline the process and ensure compliance. Engaging an attorney, accountant, or bookkeeper can provide expert advice tailored to your specific needs. Alternatively, you can leverage ZenBusiness’s services and platform to handle your LLC formation and ongoing compliance requirements efficiently.

Recommended article: What to do after forming an LLC

We can help!

At ZenBusiness, we understand the intricacies of starting an LLC. Our platform simplifies the process, allowing you to focus on what matters most—your business. With our LLC formation service starting at $0, we provide everything you need to form your LLC accurately and efficiently. Additionally, our business license report and registered agent services can assist you in meeting your compliance obligations effortlessly. Let ZenBusiness be your trusted partner as you embark on your entrepreneurial journey.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

FAQs About "What to Know Before Starting an LLC"

  • Deciding whether to get an LLC before starting a business depends on various factors. Forming an LLC offers personal liability protection, separating your personal assets from those of the business. It also provides flexibility in tax treatment. If you anticipate potential risks or want to establish a professional image, an LLC is often a wise choice. However, it’s best to consult with legal and tax professionals to determine the most suitable business structure for your specific needs.

  • Before starting an LLC, it’s important to have a solid business plan outlining your goals, target market, and financial projections. Researching and selecting a unique and compliant business name is crucial. Understanding the requirements for licenses and permits in your industry is also essential. Additionally, familiarize yourself with the tax options for an LLC, consider the management structure, and keep business and personal finances separate. Seeking professional guidance can help ensure you have a comprehensive understanding of all the necessary steps.

  • The difficulty of starting an LLC can vary depending on the specific requirements of your state and the complexity of your business. Generally, the process involves choosing a name, filing formation documents, designating a registered agent, obtaining necessary licenses and permits, and creating an operating agreement. While the steps may seem daunting, using a platform like ZenBusiness can simplify and streamline the process. We offer step-by-step guidance, document preparation, and submission services, making it easier for entrepreneurs to start their LLC with minimal hassle.

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