Top 6 Mistakes to Avoid When Setting Up Your LLC

TLDRLearn the top mistakes people make when setting up an LLC, including not having an operating agreement, not deciding on a manager, not filing initial documents, choosing the wrong tax status, not setting up reminders, and not planning for disputes.

Key insights

📝Setting up an LLC without an operating agreement is a big mistake as it sets the guidelines and expectations for the owners.

👥Deciding on a manager or managing members is crucial as it determines who makes day-to-day decisions and important business choices.

📄Filing the necessary initial documents and keeping up with annual filings is essential to comply with state requirements and avoid fines.

💼Choosing the right tax status for your LLC is important and depends on factors such as income, expenses, and the nature of your business.

Setting up reminders for annual filings, tax payments, and other important dates can prevent missed deadlines and penalties.

Q&A

Is an operating agreement required for an LLC?

No, it is not required by law, but having one is highly recommended to avoid potential disputes and clearly define ownership and management rules.

What happens if I don't file the necessary initial documents?

Failing to file required documents can result in penalties, loss of good standing, and potential legal issues.

How do I choose the right tax status for my LLC?

The choice depends on factors like the number of owners, business structure, and financial goals. Consulting with a tax professional can help you make an informed decision.

Can I change the tax status of my LLC later?

Yes, it is possible to change the tax status of your LLC, but it may involve additional paperwork and potential tax implications.

What should I do if there is a dispute among LLC members?

Having a predetermined dispute resolution process in the operating agreement or a separate buy-sell agreement can help address conflicts and avoid costly legal battles.

Timestamped Summary

00:25The first mistake is not having an operating agreement, which is crucial for clarifying ownership and management rules.

03:07The second mistake is not deciding on a manager or managing members, which can lead to conflicts and inefficient decision-making.

06:08The third mistake is not filing initial documents and keeping up with annual filings, which can result in fines and compliance issues.

08:25The fourth mistake is choosing the wrong tax status for your LLC, which can have significant tax and legal implications.

09:44The fifth mistake is not setting up reminders for important filings, payments, and deadlines, which can lead to missed requirements and penalties.