Thursday, March 19, 2009

It is Important to Create an LLC in Virginia

By Alexis Johnson

If you are thinking about starting a business of your own, you are on the right track to something very meaningful in your life. In addition to being a way to pursue something you really enjoy, you are also moving toward financial independence.

But, this journey is not without risks as starting a business involves chances for liability and problems. The best way to reduce much of the risk to your personal assets is to create an LLC in Virginia for the business.

Virginia lawmakers have a history of providing meaningful incentives to encourage the launching of business here. As a result, Virginia usually rates in the top 5 of any state list for the best place to start a business. Forbes has rated in #1 for several years in a row.

The laws that allow for a Va LLC is one of the most business friendly laws available. The major benefit is liability protection for business owners but the lawmakers went even further to encourage small business by providing other benefits.

CREATE AN LLC IN VIRGINIA TO OBTAIN LIMITED LIABILITY

The most important feature of a Va LLC is that it creates a layer of protection shielding your personal assets from business liability and problems. Without the use of an entity like this, you would be running as a sole proprietorship. It is generally considered a significant risk to run a business these days as a sole proprietor because of the many cases where owners have lost everything. This can be avoided by the proper use of a limited liability entity.

You see by definition, running a business will create potential risks for liability and disputes. This is because you will be required to interact with other people and businesses. Examples include the need to hire service professionals, contractors or possibly employees. Also, you will be doing business with suppliers, partners or may need to work with a bank for capital.

Every interaction you have with someone or some business create the potential for a later claim related to that activity. Prior to the option of operating under a Va LLC, a business owner only had the option of using a corporation to manage this risk. Many opted not to use incorporation because of the complexity and set of rules mandatorily imposed on corporations.

But, when the Virginia Limited Liability Company Act was passed, entrepreneurs finally received a workable solution. When you create an LLC in Virginia, this Act prevents you and other owners from being personally liable merely because you are owners. So, with this passage, there really is no need to run as a sole proprietor.

The success of the Va LLC is evident by looking at the number of formations that have taken place. The limited liability company is now the entity of choice for Virginia small business not only because of its protection but because of other attractive features.

THE VA LLC IS EASY TO MAINTAIN AND PROVIDES MAJOR OPERATIONAL FLEXIBILITY

In addition to protection, the Virginia legislature wanted to free business owners from any unnecessary legal compliance or regulation. Accordingly, the Va LLC is not subject to mandatory meetings, filings or management structures like the corporation. In fact, there is not even any information filing requirements annually.

On the other hand, an LLC does not have to have simple governance and reporting. If the needs of a particular company and its owners require some complexity when it comers to managing or structuring the rights and obligations of an owner, the Virginia LLC laws allow for most any type of structure to be adopted and implemented.

Basically, the way the LLC laws work allow a company to operate the way it wants or needs to be managed without having to fit into any irrelevant legal structures.

LOW REGISTRATION FEES

Currently, it only costs $100 to create an LLC in Virginia. There may be other fees if you need expedited processing. After formation, the current registration fee is only $50 a year. As you can see, the fees are so low. Given that this entity can save you from losing your home, your savings and anything else you own, it is clear that it is a small price to gain significant protections and other benefits.

ADDITIONAL FEATURES OF A VA LLC

Another advantage of using a Va LLC for your company is that it will be easier to get customers. This is because your business will be seen as more trustworthy and professional. Statistics support the fact that the public is very paranoid about scam and fraudulent businesses and just by using an official business vehicle such as a limited liability company, you are separating out your business as more credible.

A business also opens itself up to paying less in taxes if it is run through a Va LLC. The IRS gives the LLC the most tax choice structures than any other legal entity. You automatically qualify for the single layer of taxation which is the most popular preference because it avoids the double taxation of C corporations. However, a Va limited liability company can elect a corporate tax structure as well. If in doubt, consult your accountant.

The choice to create an LLC in Virginia is the best one for most entrepreneurs. This is because it not only provides the essential protection needed but also helps to keep more of what you make through tax benefits and helps you grow with an official image and business vehicle. - 15246

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