Limited Liability Companies

“Contact Douglass & Runger, PLLC For Your Business Formation Needs”

Memphis LLC Formation Attorney

A limited liability company (abbreviated as LLC) is a recently-developed business entity that is designed to combine some of the best aspects of a corporate business entity with other forms of business entities. Because an LLC is considered a “creature of statute” – that is, because this business form does not exist if there are not state statutes authorizing the same – it must be formed in strict compliance with the authorizing statutes.

An LLC is a very popular business form that appeals to many entrepreneurs; however, it may not be the best choice for every situation. Speak with the Memphis LLC formation attorneys of Douglass & Runger, PLLC, Attorneys at Law, to learn more about LLCs and how they can assist you in achieving your business goals.

Benefits and Drawbacks of an LLC

Like a corporation, an LLC provides its owners with limited liability. This means that the owners of an LLC are not responsible for the debts and liabilities incurred by the LLC – even if the LLC becomes insolvent and owes more than it is worth. This can provide new entrepreneurs with some measure of safety and security, encouraging them to take risks secure in the knowledge that if their business fails they are not personally responsible for the LLC’s debts. Additionally, unlike corporations, LLCs tend to be easier to establish and require fewer formalities.

An LLC may not be right in all situations, however. An LLC may have disadvantageous tax implications. In addition, while corporations have clear-cut roles and responsibilities, roles and responsibilities in an LLC may be more unclear and resulting in confusion.

How an LLC is Formed in Tennessee

Individuals wishing to establish an LLC in Tennessee will need to follow these steps:

Choose a name for the LLC

In order to inform potential customers and others about the nature of the business entity, the business name must contain the term LLC or the phrase “Limited Liability Company”. Amongst other things, this informs others that the owners of the business generally cannot be held personally liable for the debts and obligations of the business.

File articles of organization

The articles of organization include important information about the LLC, including its name, resident agent, and duration and purpose. The articles of organization may or may not be filed with an operating agreement that contains detailed information about how the LLC will be run, for example, depending on the wishes of the owner. These articles of organization are then filed with the Secretary of State along with the appropriate filing fee.

Appoint a resident agent

A resident agent is the person who can accept legal process and service of papers on behalf of the LLC. A person who needs to sue the LLC in Tennessee need only cause the appropriate legal papers to be served on the resident agent.

Comply with tax and reporting requirements

The law imposes certain tax requirements and annual reporting requirements on the owners of the LLC. Failure to comply with these requirements can result in the suspension of the LLC’s ability to operate in Tennessee.

Speak with an Experienced Tennessee LLC Formation Attorney Today

When embarking on a new business venture, you want to be able to focus your energies and attention into making your business work, not necessarily being mired in paperwork. At Douglass & Runger, PLLC, Attorneys at Law, their Memphis LLC formation lawyers can help you comply with the statutory requirements necessary to establish your LLC so that you can focus on making your business succeed. Contact Douglass & Runger, PLLC, Attorneys at Law today at (901) 388-5805 for assistance in establishing your LLC.

Speak to us about these areas of Business Law: Partnerships, Partnership Disputes, Limited Liability Companies, Corporations, Corporate Dissolution, Commercial Litigation, Commercial Contract Drafting, Buy and Sell Agreements, Business Formation