Archive for March, 2011

Can an LLC Issue Stock?

Stock certificate worth 100 sharesCorporate stock is a measurement of the ownership of a corporation. If a corporation has 1,000 shares of stock and you own 400 shares, you can say that you own 40% of the corporation. Whether the stock is traded privately or publicly on the stock exchange is irrelevant; shares are simply a way of determining an individual’s share of ownership in a corporation.

An LLC is different, however. LLC owners are not referred to as shareholders, but as members. A member’s share of ownership in the LLC is determined by the LLC’s operating agreement or by some other document that outlines each member’s ownership interest. The LLC ownership structure is different from a corporation in this way. Though some LLCs may issue ownership certificates to its members so that each person knows how much of the LLC they own, these are not true stock certificates. Only corporate shareholders own stock.

Because of the ownership structure of LLCs, there is no such thing as a publicly traded LLC. A limited liability company will not appear on the NASDAQ and may not issue stock like a corporation does.

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The Best States to Form an LLC

You are permitted to form an LLC in any U.S. state regardless of where you reside or where you intend to do business. Though some states offer more advantages to LLC owners, there are two negatives to creating an LLC in other states: you must register as a foreign LLC in each state you intend to conduct business, and you must designate a registered agent in the state in which you started your LLC.

There are two states commonly touted as the best for LLC formation: Delaware and Nevada.

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Home Office Deductions for Your LLC

Home office divided into personal use and business useThere are three requirements you must meet before you may take a home office deduction: the home office must be (1) a specific area of your home (2) used regularly and exclusively (3) as your principal place of business. The third requirement may also be met if you use the home office to meet with patients, clients, or customers even if the office is not your principal place of business.

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Can an LLC Own a Corporation?

Handing keys overThere are two types of corporations: C Corporations (or C Corps) and S Corporations (or S Corps). Both entities are identical in most ways and the variations occur largely in taxation; S Corps are pass-through tax entities — like LLCs — while C Corps pay a separate corporate tax. All corporations are C Corps unless Form 2553 was filed with the IRS to specifically elect S Corp taxation.

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How to Change your Registered Agent or Registered Office

LLC registered agent's houseTo change your registered agent — the individual you elect to receive service of process on behalf of the LLC — or registered office if your registered agent moves, you must submit a form to the Secretary of State in the state in which your LLC was formed. You typically cannot make this type of change on your annual report and should submit the form immediately when the change occurs. If the state has the name of an incorrect registered agent or the wrong address, important communication may not make it to you.

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