Geeks Informed

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Wednesday, 6 May 2009

Limited Liability Corporations

Posted on 12:26 by Unknown
By Amy McDaniel

A limited liability corporation is what many refer to when they are inquiring about the LLC. An LLC offers small business owners the same benefits of a corporation plus more. Compare the two here:



LIMITED LIABILITY


Many business owners are trying to decide between an LLC and a corporation. Judge SeidleinBoth offer owners of the business limited liability. Corporation entities, however, are required to hold certain meetings and maintain paperwork formalities. The LLC offers the ability to run a business without additional formalities.



OWNERSHIP


The limited liability company issues membership units and its owners are called members. The corporation issues shares of stock and the owners are called shareholders. In most cases, both types provide a similar ownership structure. The difference is that the LLC allows a lot more flexibility if the owners of the business wanted to customize their ownership rights and obligations among members.


This flexibility is attractive to small businesses because it allows a business to be operated based on the circumstances of the personalities and desires of the particular business owners and not under a one size fits all structure mandated by the laws. For example, two members can own the same number of units, but one of them can get more profits than the other.



GOVERNANCE


Traditionally, while corporate statutes have explicit provisions regarding limited liability, corporation shareholders are generally required to hold an annual meeting and elect a Board of Directors each year. The Board is responsible for management of the business while shareholders in their capacity as shareholders have no such authority.


The limited liability company offers an option for a manager managed governance structure which is a similar centralized management structure as the corporation. Instead of a Board of Directors, the governing body is called the Board of Managers. The LLC statutes do not require annual meetings and elections and allow for the company to make its own rules in how and how often managers are elected.


In addition, a limited liability corporation can have a much simpler structure and have its members all be managers and operators of the business. This is a member managed structure. This gets rid of the central and second level which provides for less paperwork and governance maintenance. The downside here is that you must trust all members as they will each have authority to act on behalf of the business.



TAXATION


A huge benefit of an LLC is that it automatically qualifies for a single layer of taxation (called pass through taxation) without requiring the business or its owners to meet any conditions or requirements.

IRS Policies

The corporation's default structure results in double taxation which can have a major impact on the bottom line profits. The LLC also allows for it to elect to be taxed as a corporation which is nice because it offers the option. In some cases, it may be more beneficial to have a corporation structure. Check with your accountant.


Both the limited liability company and the corporation allow for the business to elect S corporation taxation if the owners of the business and the business itself meet the laundry list of S corporation requirements. S corporation taxation is another form of pass through similar to what the LLC gets automatically.


In summary, the LLC offers more tax options than the corporation which provides business owners with more choices to choose which is most advantageous to their business.



OTHER


Fees for corporations can sometimes be based on the # of shares and so if you plan on having a large number, your fees could be significant. LLC maintenance fees are usually minimal in most states (there are exceptions) and do not vary with the number of membership units issues.


If your business plans on going public, you must be a corporation as there is not method to sell membership units on NASDAQ or the NYSE yet. Also, if you plan on raising capital by taking in a venture capital investor, the investor will likely require you be a corporation.


Otherwise, the LLC usually offers the typical small business owner with the most benefits and the easiest type of legal entity to operate. Both offer limited liability. Corporation entities require a bit more when it comes to starting, structuring and operating a business.




For a FREE LLC Guide or to access an extensive FAQ knowledge base about the limited liability corporation, visit The LLC Expert: http://www.TheLLCExpert.com




Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest
Posted in | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Computer Help
    Please report broken links to the blog administrator: Email Ars Technica Complete System Building Guide Build Your Own Inexpensive Compute...
  • Flat-Rate Prices for Technical Contracts
    The latest trend in IT consulting work is flat-rate pricing. Under this scheme, the customer pays a fixed fee for work. A fixed portion of...
  • Troubleshooting Wi-Fi Wireless Network Problems - 4 Diagnostic Strategies Toward Optimal Performance
    By Steve Leytus Until recently there have been two primary techniques employed to troubleshoot Wi-Fi 802.11 wireless networks -- network dis...
  • Cyberwar in Estonia and the Middle East
    By Aviram Jenik Did a member of your family help launch a cyber attack that brought an entire nation to its knees? No, seriously, don't ...
  • The Employee or Independent Contractor Scam
    By Jack Payne You've got some spare hours and want to earn some extra income. You get an offer to become an "Executive Assistant...
  • CCNA 640-802 Prep - Understanding IP Network Addressing - Exam Preparation Tutorial
    By Harris Andrea Since Cisco Certifications are always hot and the Cisco CCNA is the most popular from all, I decided to start a series of a...
  • Who Is Geek Choice?
    Geek Choice (GeekChoice.com) was founded in 1996 and began franchising in 2007. They provice IT service nationwide. Geek Choice is headqua...
  • Who Is Geeks On Time?
    Geeks On Time (geeksontime.com, sometimes called GOT) is a service organization, once based in Phoenix, but now relocated to White Plains, N...
  • Archives
    The Switch to Digital TV: Are We Ready? E-Cycle
  • Electronics Reliability Issues at the 45 Nanometer Node and Below
    Most tech-aware people have heard of Moore's Law. Moore was an engineer for Intel in 1965 when he famously observed that the number of ...

Blog Archive

  • ►  2012 (8)
    • ►  June (1)
    • ►  April (1)
    • ►  March (2)
    • ►  February (3)
    • ►  January (1)
  • ►  2011 (6)
    • ►  December (1)
    • ►  July (1)
    • ►  April (1)
    • ►  February (3)
  • ►  2010 (5)
    • ►  August (1)
    • ►  July (1)
    • ►  June (2)
    • ►  April (1)
  • ▼  2009 (38)
    • ►  December (1)
    • ►  November (3)
    • ►  October (1)
    • ►  September (1)
    • ►  August (2)
    • ►  July (2)
    • ►  June (12)
    • ▼  May (8)
      • Computer Repair Checklist - Before You Call
      • Sun Done?
      • Limited Liability Corporations
      • Wi-Fi Spectrum Analyzers : Optimally Configure and...
      • Making Life Easier For Any Computer Technician - T...
      • The Employee or Independent Contractor Scam
      • Avoid Common Business Insurance Mistakes
      • CCNA 640-802 Prep - Understanding IP Network Addre...
    • ►  April (1)
    • ►  March (1)
    • ►  February (6)
Powered by Blogger.

About Me

Unknown
View my complete profile