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Starting a LLC - Key Points?

    • 990 posts
    July 10, 2007 11:37 AM EDT
    Find an intellectual property attorney that you like and trust.  It will pay off in the long run.

    ---
    James Lindon, Ph.D. Patent Attorney
    Lindon & Lindon, LLC
    Cleveland, Ohio
    Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
    [this is not legal advice - provided for discussion only]
    Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
    "Fools rush in where angels fear to tread."
    http://www.LindonLaw.com

    • 990 posts
    July 11, 2007 3:09 AM EDT
    if cost is an issue, do it yourself.  of course, this is often the most costly option in the long run when a mistake is made, but it will save some money now.  unfortunately, some believe that forming an entity or creating intellectual property is pretty much "filling out a form."  you can hire a lawyer now or later.

    ---
    James Lindon, Ph.D. Patent Attorney
    Lindon & Lindon, LLC
    Cleveland, Ohio
    Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
    [this is not legal advice - provided for discussion only]
    Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
    "Fools rush in where angels fear to tread."
    http://www.LindonLaw.com

    • 15 posts
    April 7, 2009 11:30 PM EDT
    Hi mentao,
    This is the check list for your New LLC.
     
    1)Decide on a business name for your Limited Liability Company
    2)Search availability of your LLC`s chosen business name, and for similarity to existing names.
    3)Register your LLC name
    4)Create and sign an LLC Operating Agreement.
    5)Write your LLC`s Articles of Organization
    6)File your LLC`s Articles of Organization with the Secretary of State office in your state.
    7)Obtain business licenses and permits for your LLC from:
    • The federal government.
    • Your state government.
    • Your local government.

    Forming a limited liability company (LLC) can be a long-term benefit to your new business in the long run, but the process can be complicated. To ensure that your new business complies with your state`s legal requirements at all steps in the LLC formation process, you may wish to consult an experienced business attorney.

    good luck..

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    Rebelpreneur

    • 99 posts
    July 10, 2007 10:28 AM EDT
    I`m not sure what key points to which you`re referring, but establishing a fictitious name through the creation of an LLC does NOT automatically trademark your company name.  Trademark rights arise from actual use of the name in commerce. 
    Also, obtaining a fictitious name does not mean you are not potentially infringing another party`s trademark.  Depending upon the business name, it may make sense to have a trademark search conducted for you to determine if there is a likelihood of infringement by using the business name.

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    Pepper Law Group, LLC
    21 E. High Street, Suite D
    Somerville, NJ 08876
    informationlaw.com
    Now available on DVD!
    The Legal Considerations of Starting an Online Business

    • 99 posts
    July 10, 2007 11:30 AM EDT
    Well, there are numerous considerations.  To name a few:

    • Tax consequences (including the requirement to estimate and pay your taxes quarterly as an LLC, with no such requirement as a corporation, in most cases)
    • The ability to add owners to your business in the future
    • The ease in which to obtain investment capital
    • Division of management and ownership
    • Transferability of ownership interests
    The Small Business Administration website at www.sba.gov has some good information about many of these considerations, but it`s really no substitute for good legal advice.

    ---

    Pepper Law Group, LLC
    21 E. High Street, Suite D
    Somerville, NJ 08876
    informationlaw.com
    Now available on DVD!
    The Legal Considerations of Starting an Online Business

    • 5 posts
    July 10, 2007 9:16 AM EDT

    This is the first time opening up my own business. What are some key points I should keep in mind when creating a LLC? Does this automatically trademark my company name? Thanks in advance!

    • 5 posts
    July 10, 2007 10:47 AM EDT

    What I mean by `Key Points` is that if there is anything else I should take into consideration when forming an LLC. For example, trademarks of the company name, etc... I`m doing all this on my own so any advice would be appreciated.

    • 1 posts
    March 27, 2009 7:40 AM EDT
    We have formed an LLC and in addition to the Board who are investor/owners we have awarded some equity to two additional employees, who are not members of the Board. Does the Board have a responsibility to furnish the Board`s agenda, and or minutes of Board meetings to these small equity owners?