At Nosal & Jeter, LLP we can form each type of entity recognized under North Carolina and South Carolina law. The popular entity of choice in both North and South Carolina today is the Limited Liability Company, primarily based on the condensed corporate formalities and flexibility in tax treatment. A Limited Liability Company (LLC) by default is taxed as a pass through entity, but can elect to be taxed as an S-corporation or C-corporation. Our business law attorneys are experienced in advising clients on entity selection and maintaining the necessary formalities and records to protect the assets of the business owners.
Limited Liability Company – LLC Formation
What is really involved in forming a LLC?
To form a Limited Liability Company under North Carolina or South Carolina law, you file Articles of Organization with the NC Secretary of State or SC Secretary of State and pay the $125.00 filing fee or $110.00 filing fee respectively. That is it! For individuals wanting to do it themselves, forming the entity can be extremely easy.
However, the Limited Liability Company must comply with North Carolina or South Carolina law during the lifetime of the company, which is CRITICAL. Otherwise the members risk being held personally liable for the liabilities of the LLC. You must know the North Carolina or South Carolina laws that apply to your LLC, so you can make sure your LLC does not violate the law.
The primary reason you want to hire an attorney to form your entity is to draft the Operating Agreement, Bylaws, Corporate Minutes, and/or resolutions that fit your company’s needs and to provide necessary legal advice on how to keep your company in compliance with the law, so the liability of the members is protected. Merely filing the Articles of Organization will form the LLC, but it is not enough alone to keep your personal liability limited.
In addition to filing your Articles or Organization, our LLC lawyers will prepare:
Operating Agreement. Every Limited Liability Company gets our Operating Agreement custom drafted for the members of the LLC. This agreement names all members, their percentage ownership, any obligations of a member to contribute money to the LLC, how to hold meetings, and other important governing issues.
Organizational Minutes. We prepare organizational resolutions to be signed by the members, in which the members elect one or more managers, approve the issuance of membership interests to the members and adopt other resolutions related to forming the new North Carolina or South Carolina LLC.
Membership Certificates. We prepare membership certificates for all Limited Liability Company members. The membership certificate is similar to a stock certificate. It is numbered and signed by a manager and evidences that an interest in the company was issued to the member named on the certificate.
Obtain Tax ID# and S-Corp filing. We will also obtain your Tax ID for your corporation, so you can quickly open a company bank account as well as file your S-election if you desire to be taxed as an S-corp.
LLC Portfolio Binder and Seal. We give every LLC formation a professional high-quality Corporate minute book that contains all of the LLC’s formation documents, along with the personalized Corporate Seal.
Consultation & State Specific LLC Guide. We will provide you with an introductory guide on how to operate your North or South Carolina Limited Liability Company, which addresses tax issues, bank accounts, payroll, how to sign contracts, etc… Additionally, we will always be available to answer any question you may have.
LLC Formation Attorney
If you value your time, want to protect your life savings from creditors, want to form your North or South Carolina LLC correctly and would like an experienced and skilled LLC attorney to form your Limited Liability Company, please call us at (704) 608-3429 or E-mail email@example.com