Editor's Note: This opinion piece was submitted by a member of the public to The Day's community website, www.Zip06.com.
Posted By: Harvey P
Much has been said and done about the benefits of forming your business venture as a Limited Liability Corporation or LLC. However, before you take any choice, it is vital to know about merits and demerits of this type of business . Therefore, before starting a business in Florida with the help of big or small business lawyers, you must work out effects in a proper way . By clubbing together few elements of corporation with few elements of sole proprietorship or partnership according to the limited liability company definition the LLC cannot be called as a corporation; but at the same time it gives you few protection which you will find in company . The below is the list of topmost pro and cons of having a Florida limited liability company. Hence how to start a LLC in Florida will go as per your business requirements. Read more about how to start a llc in florida.
The pro
Additional flexibility: Although any limited liability corporation must file articles of organization or articles of incorporation Florida with the respective state, it has an additional flexible management structure than a corporation. The flexibility is seen with the phrase "unless or else provided for in the operating agreement." This therefore allows any business owner to form a structure tailored or custom made to the requirements of the business owner. Hence with a limited liability company incorporate a business in Florida, you get more flexibility.
Limited liability: As the title suggests, by creating a limited liability company as per the franchise agreements, operating agreements for LLC and pre-nuptial agreements, you as a business owner and your partners or share holders can be safe from all your personal liability in case you have any subject of debts against your business. However, when you look at the case of any sole proprietorship or general partnership, the owners and business are legally considered the same, leaving aside the personal assets which are vulnerable.
Tax options: An LLC can choose whether it wants to be taxed as a partnership, sole proprietorship, corporation or S corporation or Florida division of corporations or Florida corporations. The LLCs generally does not pay taxes at their business level. You can therefore find the business profit or loss passed just over to the owners and is reported on their personal income tax returns.
Fewer compliance issues: In nearly all of the states, an LLC doesn't involve calling an annual meeting, and the limited liability company is not essential to have a board of directors as well. Also, the paperwork found in these kinds of business structures and recordkeeping are less in comparision to any corporation.
Perpetual existence: Like any other company or Florida corp, an LLC can opt to have its own life and move on to exist after the owners sell their shares or pass away. For this you are not required to have private placement memorandum but simply a Florida business license.
The cons
Raising money: Due to the strict kind of corporate structure and the pass-through taxation, investors usually hestiate to put their money in LLC .
More taxes: There are many states, such as Unfamiliar York, California and Texas which make inquiries the LLCs to pay a franchise tax or capital values tax.
Less structure: The lack of stringent requirements for governing the business could bring in a amount of problems down the road until and unless a detailed operating agreement comes out in position, which needs some more upfront costs such as the lawyer fees for your Florida incorporation services.
HIDE COMMENTS
HIDE COMMENTS