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[P722]Professional Limited Liability Company
by Stephen Nelson, Ste
Tip #1: Verify Your Profession Needs (and Can Form) a Professional Limited Liability Company

State law determines whether individuals and firms practicing your particular profession in your state can form a limited liability company, or LLC.

State law also determines whether people in your profession need to form a regular limited liability company or a professional limited liability company.

Accordingly, the first step in forming an LLC is to determine whether you even can form a limited liability company and (if you can) whether you need to form regular LLC or professional LLC.

Call the state agency or affiliated organization that grants your professional license to make this determination. For example, if you're an attorney, you probably call the state bar association. And if you're a certified public accountant, you probably call the state board of accountancy.

Note: You can also look at what other professionals--doctors, dentists, and so forth--in your state do. Don't, however, assume that what you see other professionals doing is right. Sloppy professionals (sadly) regularly form an LLC when by law they're supposed to form a PLLC. This mistake, by the way, probably destroys the liability protection that the LLC offers.

Tip #2: Clearly Identify Your LLC as a Professional Limited Liability Company

Typically, you form a professional limited liability company in the same way as you form an LLC. You simply file articles of organization or articles of formation with the secretary of state.

One difference between setting up a professional LLC and setting up a regular LLC relates to the LLC name, however. Any limited liability company needs to clearly identify itself as a "limited liability" entity.

A regular LLC needs to clearly and plainly identify itself using an acronym like "LLC" as part of the entity name, for example. Or by using a phrase like, "limited liability company," as part of the name.

Naming a professional limited liability company works similarly--but you need to use an appropriate professional LLC acronym or phrase. In most states, the acronym PLLC works. All states that allow professional LLCs, however, do accept other acronyms and phrases, such as "Professional Limited Liability Company," "Professional Limited Liability Co.," or the abbreviation "P.L.L.C."

Tip #3: Verify LLC Owners Hold Appropriate Professional Licenses

A quick, probably obvious point: In general, the owners of a professional limited liability company need to hold appropriate professional licenses to be members in the professional LLC.

For example, a PLLC that practices public accounting needs its owners to hold professional licenses to practice public accounting. A PLLC that practices law needs its owners to be members of the state bar.

Note: In same states for some professions, a PLLC may be able to have minority owners who don't hold professional licenses. Telephone the appropriate agency in your state for additional data.

Tip #4: Verify You Follow Any Other Naming Rules for Your Profession

In same states for same professions, the licensing state agency also has other naming requirements for professional limited liability companies. For example, the name of the individual professional or professionals may need to be used in the PLLC name.

You'll want to check out this possibility for your state for your profession--and then (obviously) follow the rules prescribed.

Tip #5: Secure Professional Liability Insurance, If Required

A final and often missed PLLC setup step needs to be considered--the step of securing professional liability insurance.

Many states require professional LLCs acquire a malpractice insurance policy or professoinal bond in order to get legal protection from the professional limited liability company form. The professional limited liability company, for example, might commonly be required to obtain and maintain at least one million dollars of insurance or bonding coverage.

Good decision-making is a key factor in the success of any business. Sometimes, it seems it solely depends upon these decisions we make. This involves what type of business to go into and of course, what kind of structure to use.

Sole proprietorship, partnership or corporation. The decision is yours. But before you do, you might want to take a look at this thing called limited liability company.

A limited liability company is a kind of business structure that offers limited liability to its members. It's not a partnership nor a corporation but rather a fusion of the characteristics of both.

Confused? Let us clarify it a bit.

In a corporation

* The company offers you just that limited liability depending on how much you invest. Just like in a limited liability company.

* There is no limit to the number of members. LLC members may be a single person, a corporation or a member of another limited liability company.

In a partnership

* The losses and liabilities of the company are shouldered equally by the partners. In LLC, there is a limit to how much a member will shoulder and collectors cannot hound the members to pay the company's liabilities using their personal assets.

However, the method of taxation in a partnership and a limited liability company is the same. On both types, the members put whatever income or loss they experience on their personal tax returns. This means that the company isn't the one paying the taxes but the individual members themselves. And there is no doubling of taxes involved.

The advantages of an LLC are:

* Less paperwork and administrative duties involved. This is because the company can be classified into different forms like sole-proprietorship, partnership or corporation regarding the way it is taxed. If they are registered as a sole proprietorship business, then tax involves less stress and work.

* General meetings and meeting minutes are not necessary

* There is more flexibility in the management of the business. All management policies depend upon the agreement between all of the members.

However, how good it might sound, there are always drawbacks. Disadvantages are:

* A limited liability company cannot last forever. Unlike a corporation where in succession takes care of the problem of management, the death of members or going bankrupt is usually enough reason for the company to break up.

* Also, the lack of stricter rules may cause a dissension between members and result to poor management.

* And it might be pretty difficult to find people willing to invest in the company. Note that a limited liability company is a relatively new trend and these investors might not be confident in investing in something that they don't fully understand yet, compared to the familiar grounds of a partnership or a corporation.

Yes, the road to success may be small, hard and long. Putting up your own limited liability company will take hard work and patience. But who knows? You might reap the best rewards. Be daring and be different.

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Article Source : Limited Liability Company

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Both Stephen Nelson & Jay Ashley are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Stephen Nelson has sinced written about articles on various topics from Finances, Setting Up Company and Tax Deductions. Adjunct tax professor and accountant Stephen L. Nelson is the prolific author of many small business accounting and tax books and ebooks, including QuickBooks for Dummies, Quicken for Dummies, and the do-it-yourself limited liability company formation gui. Stephen Nelson's top article generates over 90500 views. to your Favourites.

Jay Ashley has sinced written about articles on various topics from Criminal Defense Law, Information Technology and Vacation. Protect yourself and your business but getting an today. Checkout . Jay Ashley's top article generates over 165000 views. to your Favourites.
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