When establishing a firm, choose the proper business structure that meets the requirements of your services and products. You may start a business on a partnership basis, as a sole proprietor, corporation, or even LLC. Many entrepreneurs venture into an LLC-based business due to its benefits, such as an easy setup process, liability protection, flexible tax management, etc.
So, if you want to form your organization legally by creating an LLC, understand the process, as it can be time-consuming. A Limited Liability Company or LLC is among the most preferred options for forming a business entity. The steps to establish an LLC can differ from one state to another. If you are in the UK, follow the rules and regulations of forming an LLC there.
1. Choose a Name For Your LLC
Before you setup a llc company UK, choose a name for your company. Once you do that, ensure that it is unique and available. It shouldn’t be too similar to an existing company’s name. Also, remember that the chosen business name does not make a false implication or sound offensive. This name will appear on all your official documents. While choosing a name, let your creative mind work while keeping these tips in mind:
- Include LLC or Limited Liability Company in your company name.
- Use words relevant to your products or services, and avoid using the ones related to the state agencies within the UK.
- Ensure not to claim specific restricted titles without meeting the criteria or completing the proper paperwork.
- It should be simple to pronounce, spell and remember.
2. Appoint At Least One Director and Decide Your Shareholders
It is mandatory to have one director (probably you) for your company, although you can also have more than one director. The directors are responsible for taking decisions collectively for the company and abiding by the rules. They must ensure to file the accounts and pay the corporation tax.
A company secretary is another option. However, it’s not required. The company secretary oversees the execution of the directors’ decisions, ensures that the business complies with legal requirements, and performs other administrative tasks.
A corporation needs at least one shareholder, who may also serve as a director. The directors may divide the shares (not necessarily evenly). One share equals one vote. Hence majority shareholders often have more impact when voting on decisions at shareholder meetings.
3. Designate A Registered Agent
The UK must acquire a registered agent. So, you do not have to pay anybody to become your registered agent. The agent must be above 18 years old, and one can name themselves, an employee, or their friend as their registered agent. However, the agent must remain available at a physical address during business hours in the UK.
Hence, it is usual for you to assign an accountant, attorney, or a company as your registered agent. Their jobs are simple, mainly including receiving the legal and official documents sent to the Limited Liability Company and then sending them to the suitable person at the LLC. Usually, these agents also scan the documents and forward the electronic versions of these documents via an online portal or email. No matter how simple this process may sound, it is better not to appoint yourself as the registered agent. This is because these agents’ information is easily accessible, and if you aren’t sure about sharing your data publicly, you must refrain from doing so.
4. Prepare a Memorandum, Articles of Association, and Operating Agreement
These are the legal documents outlining your plan for managing your limited corporation.
- Your initial shareholders sign the memorandum of association, a legal document indicating their consent to the formation of your firm. It is automatically produced when you register your business online.
- The board and shareholders adopted detailed operating guidelines known as the articles of association. You may either write your own or use sample articles as a model.
The UK requires an LLC operating agreement. And every LLC should have an operating agreement in writing, even though most states allow oral agreements. As its name implies, it is an agreement describing how you will run the LLC between the member or members and the LLC. An operating agreement is crucial, even if you are the only participant.
- It demonstrates your respect for the LLC’s distinct existence,
- Allows you to express your wishes in writing in specific situations, such as when you can no longer manage the company, and
- It enables you to choose not to have particular default clauses that govern the LLC in the LLC statute.
A carefully designed operating agreement is crucial for multi-member LLCs. The allocation of ownership, work, and profits will be expressly present in this contract, frequently preventing disputes among the owners. To ensure that everything is covered, ensure that your attorney evaluates the operating agreement.
5. Register Your Business, Open A Bank Account and Choose What Records to Keep
It’s time to formally register everything after you have your EIN and business name. When filing business taxes with the IRS, an Employer Identification Number (EIN), sometimes called a Federal Tax Identification Number, is required. The process of registering your business is quite simple. However, engaged companies in specific sectors, such as CBD or food and beverage, may need to take additional procedures. Depending on your industry and area, you could require a business license.
Separating personal and corporate funds makes it simpler to manage them and gives your assets additional security. You will require company details, including EIN, to create a business bank account.
Keep a copy of every key document related to your business, including contracts, financials, accounting, and other documents.
Most businesses value various taxes and structure choices when starting. Thus, adopting an LLC is the best option for small enterprises, and it has several advantages that can help you expand your business without adversely affecting your finances.