The 1, 2, 3, of LLCs: What Your LLC Must Do to Remain Legal

Kerry Carroll LLC | DIY Legal Templates 1,2,3 of LLCs What an LLC Must Do to Remain Legal

Hi there, dreamers & dynamos,

Welcome to LLCs 101.

The 3 “Must-Do”s Every LLC Owner Should Know and Do

If you’ve been here for a hot minute, you probably know that I’m a huge believer in LLCs and the protection they can provide to entrepreneurs. But, I know that navigating the waters of LLC ownership can be both exciting and a tad overwhelming.

But, I got you.

Today, we're diving deep into three must-do's that every LLC owner absolutely must make priorities 1, 2, and 3 to keep their LLC legal and their protection intact.

1. Make Your LLC Status Loud and Clear

Congratulations, you've set up an LLC! But guess what? Keeping that a secret isn't going to do you any favors. Whenever you use your company name, ensure it's clear you're an LLC. Whether it's the full "Limited Liability Company", "Limited Liability Co.", or just "Limited", the designation should be present. Not keen on the full form? Simply use "LLC" or even “L.L.C.”

Where should you flaunt this designation?

Everywhere! From your website to invoices, contracts, emails, newsletters, business cards, and even your marketing materials – everything must have your LLC designation as part of your business name. However, here's a little tip: You don't need to figure out a way to make it aesthetically fit in with your logo. You can just opt to include your business name and LLC status in a location near your logo.

Why the fuss?

It’s simple. Letting people know you're an LLC makes it clear you're acting in a business capacity and not as Joe or Jane Doe. The public has the right to know who they are doing business with so you must disclose that you are acting as a business and not as an individual. Moreover, it helps maintain that crucial personal liability protection, safeguarding your personal treasures from any business mishaps.

2. Open a Business Bank Account for Your LLC

Why is this a big deal?

Think of your business as its own person. Like you wouldn’t want someone raiding your personal piggy bank, your LLC needs its own account. Without it, the legal protection you sought by forming an LLC? Poof! It could vanish. Your prized personal possessions? At risk!

Separation is Key:

The entire premise of an LLC is the promise of a veil of separation between the personal and professional. That veil is what ensures if your business, heaven forbid, goes belly-up or faces legal issues, your personal assets like your home, your car, or your grandma's heirloom ring remain untouched.

How to handle finances:

Business expenses should ONLY come out of this account. When it's payday (and who doesn’t love payday?), set up a formal transfer to your personal bank account. You can opt for an "owner's draw" or "guaranteed payments." A consistent amount not only makes the tax season less hairy but also ensures a clear distinction between business and personal finances.

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Embrace Modern Tools:

In today's digital age, there's an app or tool for almost everything. For LLC owners, this means leveraging online tools and apps to manage and organize their finances seamlessly. This can range from invoicing tools, expense tracking apps, to even dedicated business banking apps that integrate with accounting software. By automating and using tech efficiently, you minimize human error, which can sometimes lead to that dreaded fund commingling.

The Importance of Keeping Records:

We can’t stress this enough. Document everything! From every expense, big or small, to every owner's draw or guaranteed payment. Maintaining meticulous records is your safety net when faced with audits or legal scrutiny. It's also a boon during tax season. Plus, if you ever decide to sell your business or bring in investors, having organized records can significantly hike up your company's valuation.

Why not just mix funds?

Remember that piggy bank? Commingling funds is like using your child’s college fund to buy those fancy shoes. You muddle clarity, risk your personal assets, and essentially tell the world you aren't really "acting like a business."

3. Stay Updated on LLC Renewal Fees

What's the deal with renewal fees?

Owning an LLC isn't a one-time affair. Most states whisper sweet annual reminders in the form of renewal fees. It's like a subscription box but less fun.

What to look out for:

Keep your eyes peeled for terms like "Annual Certificate" or "Periodic report." About 90% of states will nudge you for a renewal fee either annually or every two years. The fees vary, with some states like Texas and Idaho being super cool and charging nada, while others, looking at you California, might have you shelling out up to $800. But, even if the states don’t have a renewal fee, you’ll still need to file an annual report or biannual report to keep your LLC nice and legal.

In Conclusion

Operating an LLC isn't just about the perks. It requires diligence, clarity, and a commitment to acting like the professional business entity you are. Stay consistent, keep those finances separate, and always, always remember to renew. Happy business-ing!

Those 3 Steps are Non-Negotiable but Here are a Few Further Insights for LLC Owners

Networking and Peer Insights:

One of the invaluable resources overlooked by new LLC owners is the insights and experiences of those who’ve tread the path before. Join business forums, attend LLC-focused webinars, and participate in local entrepreneur meet-ups. They are gold mines of practical tips, like which bank offers the best business account perks or the nuances of LLC operation in different states.

Consulting Professionals:

As an LLC owner, it's easy to get caught in the mindset of 'DIY-ing' everything to save costs. While bootstrapping is commendable, when it comes to legalities and finances, consulting professionals is a wise investment. Accountants and business attorneys can offer insights tailored to your specific situation and prevent costly mistakes. They keep abreast of changing laws and can guide you in areas you didn't even know you needed guidance in!

Branding Beyond the LLC Designation:

While ensuring that "LLC" or "Limited" appears across official materials is vital, branding extends far beyond this. Your brand voice, aesthetics, and values play an enormous role in setting you apart in a saturated market. Investing time in establishing a strong brand identity not only gives your business a professional sheen but also drives customer trust and loyalty.

Understanding Tax Implications:

An often-overlooked aspect of running an LLC is the tax implications. Depending on how your LLC is set up, whether it's a single-member LLC or a multi-member one, or if you've chosen to be taxed as an S-Corp, your tax liabilities differ. Brushing up on this knowledge or working with an accountant ensures you're not met with unpleasant surprises.

Planning for Growth and Evolution:

LLCs provide a flexible framework. As your business grows, you might consider shifting from a sole proprietorship structure to a full-fledged corporation. The decisions you make in the early stages of your LLC can affect this transition. Being aware of potential growth paths allows you to make informed choices, whether it's in your operating agreement's drafting or your initial business model.

The Value of Continuing Education:

Lastly, the business landscape is ever-evolving. From changing regulations, emerging market trends, to shifting consumer behaviors—there's always something new. Invest time in courses, workshops, and reading to stay ahead of the curve. Your LLC and your peace of mind will thank you.

Final Thoughts:

Becoming an LLC owner is a remarkable journey filled with learning curves, highs, and lows. By focusing on these pillars of clarity, compliance, financial prudence, and continuous learning, you lay the foundation for a successful, resilient, and robust business entity.

THIS ARTICLE IS NOT A SUBSTITUTE FOR LEGAL ADVICE AND IS OFFERED FOR INFORMATIONAL PURPOSES ONLY. EVERY SITUATION IS UNIQUE AND YOU SHOULD CONSULT A LOCAL ATTORNEY FOR ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. 

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