Everything you need to know about one of the most common types of businesses in the United States is here.
The creation of a Limited Liability Company (LLC) in the United States is a process open to individuals from all over the world. To initiate this process, it is essential to comply with certain requirements that ensure the validity and legality of the LLC. Two fundamental aspects to consider are the identification document and the physical address in the state of incorporation.
The first key requirement is an identification document, which can be a DNI or passport from the country of residence. This inclusivity allows for the participation of non-resident individuals in the United States, facilitating the formation of an LLC on a global basis.
A physical address in the state of incorporation is crucial. Not only does it serve as the official location of the company, but it also acts as the point of receipt of notices and documents at both the state and federal level. This address is vital for maintaining communication with authorities and ensuring regulatory compliance.
The distinction between a Disregarded LLC and a Partnership LLC is crucial and depends on the number of members involved in the creation process.
If there is only one member, the LLC will be classified as "Disregarded". This implies that, from a tax point of view, the LLC and the owner are considered a single entity. This approach simplifies tax filing and liability, offering flexibility to the sole proprietor.
When there are two or more members, the legal structure will be an LLC Partnership. This format implies a more extensive collaboration, where members share responsibilities and benefits. Decision making and management of the company are shared among the members, offering a more collaborative dynamic.
In conclusion, the creation of an LLC is an accessible process with fundamental requirements that allow global participation. The distinction between LLC Disregarded and LLC Partnership adds a crucial element, as it defines the structure and operational dynamics of the company, adapting to the specific needs of the entrepreneurs.
The creation of an LLC presents a number of key advantages for entrepreneurs:
The creation of this structure, with these advantages, not only protects members' personal assets, but also offers flexibility, tax benefits and access to international opportunities.
The LLC doesn’t handle stocks therefore it cannot be listed on the stock exchange. Its structure is managed by memberships, which is represented in participation percentages.
Not necessarily, this type of company is stipulated for small and large companies.
These companies are taxed on a personal basis, that is, the taxes are responsibility of the partner who owns the company, and not of the company itself. These are calculated depending on the value of the profits of the company distributed among the partners according to their percentage of participation. To learn more about this topic, click here.
The partner (s) of an LLC may be foreigners. There is no requirement that LLCs have at least one American partner.
LLC assets are separate from partners' personal assets. This means that if there was a lawsuit against the company, it would be solely responsible. In other words, the company’s assets would be the only ones affected, and not those of the partners.
Yes! An LLC can be formed by a single person, which is very common for this type of company, as it protects the assets of this partner against any commercial debt.