Do I Need a Lawyer to Form an LLC in South Dakota
Do I Need a Lawyer to Form an LLC in South Dakota
The entrepreneur always searches for change, responds to it, and exploits it as an opportunity.
- Peter F. Drucker
It is not always necessary to hire an attorney to form an LLC. You can prepare the legal paperwork and file it yourself.
A limited liability company (LLC) combines the simplicity of pass-through taxation with the limited liability that comes with corporations. The pass-through taxation works as though the profits and losses of the LLC pass directly through to the owners of the LLC. People often form LLCs in order to gain the advantage of limited personal liability from their business' dealings.
In most states, you will be able to form an LLC by following four simple steps: 1) choose a business name that is available (not used by another company) and conforms to your state's rules regarding names for LLCs; 2) file your paperwork, normally called the "Articles of Organization," with your state and pay the fee associated with the filing; 3) consider creating an operating agreement for the LLC will set out the rules and regulations for both ownership and operation of the business; and 4) in some states, you must also publish a notice that you intend to form an LLC. When choosing the business name, you may want to consider whether the web url for the business name is available.
You may not need a lawyer to form an LLC. In all states, business owners are allowed to form an LLC simply by filing the articles of organization. In most states, the information you must provide for the articles of organization is very basic -- typically, you have to supply the name of the LLC, the location of its principal office, the names and addresses of the LLC's owners, and the name and address of the LLC's registered agent (a person or company that agrees to accept legal papers on behalf of the LLC)
Of course, if you're trying to decide whether the LLC is the right structure for your business, you may want to consult an expert. You may also want an expert to review your operating agreement or set up your bookkeeping and accounting systems.
Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.