Becoming the owner of a trucking company and changing it to an LLC comes with many responsibilities. From forming the company’s name and getting all the permits to Limited Liability Company Filing, the list goes on and on. Getting all these, especially LLC Filing, requires start-up cash, commitment, and paying attention to every detail. With a lot of competitive information on the internet, it is even more difficult to know all the processes you need to follow. Looking for where to start? Global Multi Services has assembled the steps you need to take for LLC Filing. Let’s dive in.
Check The Availability Of Your Company’s Name
Contact the Secretary of State to do a thorough name search before filing to register it as a trademark. This is to ensure the business name you choose is not already taken by someone else. Failure to do so could lead to the infringement of someone’s trademark. The owner of the trademark can sue you which can cost you a lot of money.
Know The LLC Filing In Your State
The requirement for forming a Limited Liability Company varies from state to state. For example, in Delaware, LLC is required to pay an annual tax fee of $300 to substitute filing an annual report. While New York applicants must follow Section 206 of the state Limited Liability Law. The law states that a copy of the company’s Article of Organization or any other related information that proves the Limited Liability Company formation must be published in two newspapers for six weeks. It is advisable to seek the guidance of a legal practitioner. They will answer all your questions and explain the filing requirements of every state.
Appoint A Registered Agent
A registered agent is an individual or company that serves as an intermediary between the LLC and the government. They represent the LLC in matters concerning receiving and sending legal documents. These documents include state filing notice, legal summon, and others. They also help the limited liability company stay in compliance with the state law. The registered agent appointed by the LLC must be authorized to do business in the state and also have a registered address where the LLC is registered.
File For LLC Article of Organization
This document is incredibly important when starting an LLC and it is also called Certificate of Formation and Certificate of Organization depending on the state. The Article of Organization is a document that contains all the information such as the company’s name and address, members name and address, members financial contribution, the name and address of LLC registered agent, and many more. The document is prepared and filed by its members with a filing fee to the Secretary of State filing office.
Create LLC Operating Agreement
An LLC operating agreement is an internal document that outlines how the LLC should be run including its finance and members dispute. The documents provide a physical hard copy and can be referred to if members are not sure of the rules of the company. It will be governed by state laws if there is no operating agreement that guides its functioning.