Forming An LLC in Michigan
As a business owner or entrepreneur, it’s important to ensure that your business is officially recognized as a legal entity within your state. This process involves filing an LLC (or another type of entity) with the state where your business is based. The Articles of Organization are a document required to form a limited liability company in several states.
There are many reasons why this is important. For instance, forming an LLC provides legal separation between you and your company. In other words, it’s much more difficult for someone to sue you personally over a legal dispute related to your business. An LLC also gives your company its own identity to own assets such as money and property.
In Michigan, a limited liability company is formed by filing the Articles of Organization (form CSCL/CD-700) with the Department of Licensing and Regulatory Affairs Bureau.
Continue reading to learn more about this document and why you should use an attorney that’s experienced in Michigan business law to guide you through this process.
What Are the Articles of Organization?
The LLCs in Michigan created the articles of organization in order to control how business is operated by a company’s owners. People thinking about starting a company often go the route of an LLC because of the benefits that decision comes with.
For example, business owners who are members of an LLC can get the same liability protection as corporations.
Steps to Forming an LLC
Starting a Michigan LLC can be outlined in several steps.
1. Choose your LLC filing option.
2. File paperwork related to the Michigan Articles of Organization.
3. Create an LLC Operating Agreement
4. Obtain an EIN from the IRS
5. Open a bank account for your new LLC
6. Ensure any necessary business licensing
7. File your LLC reports
8. Pay necessary taxes
When it comes to starting an LLC, it’s important each step is followed. Any mistakes or errors within this process can put you at risk for litigation. Opening a business can be stressful enough without having to worry about legal complications on top of everything else. Having an attorney guide you through this process and explain any necessary steps can save you a great deal of time and resources in the long run.
You Must Create A Unique Business Name
While filling out Michigan LLC forms, you’ll need to have a business name that is unlike the name of any other LLC.
Your name is also subject to approval for other reasons. For example, you’ll need approval if it uses any of the prohibited words that are on a list provided by the Department of Energy, Labor, and Economic Growth.
If you’re a licensed professional, then you might need to file extra paperwork in order to use certain terms in your LLC’s name. For example, if you’re a doctor or lawyer.
If you’re still figuring out your business, don’t worry. You can fill out an Application for Reservation of Name form. This will allow you to reserve the name for 6 months with the Michigan Department of Licensing and Regulatory Affairs Bureau of Commercial Services.
Articles of Organization Registered Agent
When it comes to the Michigan articles of organization, you’ll want to choose a registered agent after you’ve filed the appropriate paperwork, including Form CSCL/CD-700 alongside your articles of organization.
By law, you’ll need a registered agent to accept the legal documents associated with your LLC.
The agent can be a member of your LLC or you can choose a commercial registered agent.
After you’ve chosen an agent, then it’s a good idea to outline an operating agreement for your LLC. Michigan doesn’t make this document a legal requirement but it’s important because it makes clear who owns the company and how it’s operated.
Attorney for Startups and Businesses
Starting a business is a complicated matter, but it doesn’t have to be that way. The Hoeg Law Firm is dedicated to providing legal guidance to business owners and entrepreneurs for their new startup company or an existing business. This includes filing an LLC to ensure your company is in compliance with state laws and regulations.
Having this legal guidance can provide you with a peace of mind knowing all the legal paperwork is being properly handled so you can get back to making your living.
If you need help with the Articles of Organization or have other matters related to Michigan business law, contact us for a free consultation.