Start Your LLC In Virginia With Argent Place Law
Forming a new business involves lots of options, regulations, and requirements. Argent Place Law makes sure that we understand your specific situation before we form your new business the right way. That’s one way we earn our reputation as The Law Firm For Entrepreneurs!
Basic Business Formation–LLC
Here’s what we do to form your limited liability company (LLC). When you are the only owner, your business will be classified as a “Single Member LLC,” and when there are going to be two or more owners of your business, your business will be classified as a “Multi-Member LLC.”
- Check Name Availability In The State And With The US Trademark Office
- Obtain EIN From The IRS
- File Articles Of Organization With The State
- Draft Basic Operating Agreement
- Draft Initial Company Resolutions (Serves As A Template For The Future)
- Provide Directions for Local Business License. Learn More!
- Serve As Registered Agent For One Year Free ($200 Value). Learn More!
- Provide Instructions For What To Do Next, And Introductions To Other Professionals
All of these steps are necessary! Do not be fooled by another service provider into thinking that you can get by without doing one of these steps! Hiring us will typically have your new business in Virginia ready to operate within a week (out-of-state businesses may take longer). And you will establish an attorney-client relationship with The Law Firm for Entrepreneurs!Make an Appointment with Michael Mort and Get Started Now!
- S-Corp Election. Learn More!
- Create Virginia Business Tax Account. Learn More!
- File for Local Business License. Learn More!
- Q-Sub Election. Learn More!
- Detailed Operating Agreement. Learn More!
- Fictitious Name Certificate (A “Doing Business As” Tradename). Learn More!
- Registration To Do Business In Another State. Learn More!
- Ongoing General Counsel. Learn More!
- Privacy Shield. Learn More!
- Trademark Registration. Learn More!
Local Business License ^
Every county has its own business licensing process, which is really just a way for the local jurisdictions to set up tax records for your business. Some required business owners to appear in person (before Coronavirus), some require zoning permits, and all want to make sure you pay their taxes. Within Virginia, we will direct you to the appropriate county website or (for an additional fee) even complete the process for you.
Registered Agent ^
Every state requires a business to have a Registered Agent, someone who lives in the state and who can accept official notices like renewal notices and lawsuits. The registered agent must be an owner or manager of the business or an attorney. Even if you are also a Virginia resident, we add value by keeping a renewal calendar (in case renewal notices are delayed or lost in the mail) and prompting you as much as necessary when your company is due for renewal. We’re also in a position to work with you and explain your options if we receive notice of a lawsuit.
Included with every new business formation. After the first year, our fee is $200/year plus the government’s annual registration fee ($50 for VA LLCs).
Virginia Business Tax Registration ^
This is required if your business is a multi-member LLC, or if it is a single-member LLC that elects to be taxed as a corporation at the IRS. In addition, this filing is required if your business will sell goods in Virginia. If your budget is tight you can do it yourself, but if you find time more important than money, we’re happy to register you for taxation with the state by setting up an account and then giving you the login information.
S-Corp Election ^
There are many reasons to file this election with the IRS, and for most cases we recommend it for our new business owners. If your tax professional recommends it, you may want your new business to be taxed as an S-Corporation with the IRS. If you engage us to do this, we will prepare and file the appropriate form with the IRS on your behalf. Be aware that the default taxation method at the IRS for single-member LLCs is that your business will be ignored (even though it has its own EIN–which is still required)–and the business income will be recorded on Schedule C of your personal tax return. Tax filings become slightly more complicated if you elect to have your business taxed as S-Corp, but this is usually outweighed by the potential tax savings. We are open to discussing this with you, or you may consult your tax professional.
Q-Sub Election ^
Ready to take your tax game to the next level? In some situations, it’s possible to merge two or more companies for tax purposes but not for legal purposes. This allows you to reduce the number of returns you have to file and (if one company has multiple subsidiaries) increase your ability to “pool” profits and losses between subsidiaries.
Typically, this election is used when you have a series of several similar assets (rental properties, rental cars) or one valuable asset (an aircraft or watercraft) you want to protect. Each asset can have its own company for liability purposes, while you still only file one tax return.
Detailed Operating Agreement ^
Our basic operating agreements use a very basic set of terms that are ideal for companies owned by a single owner or married couple. However, if you’re getting in business with one or more partners who have separate lives (and may someday want to go a different direction), you’ll want something more comprehensive. We will draft an operating agreement that spells out everything: how the business is managed, how profits are distributed, what happens if one partner dies or leaves, what happens if there is a disagreement, what happens if a partner wants to sell their interest, who controls the money, can new partners be added and how, and much more. We have extensive experience with writing these kinds of agreements and know the kinds of questions to ask. We will guide you.
Fictitious Name ^
What if you have an old company name or brand that needs a fresh coat of paint? What if you you’re entering a new line of business, or want to have two or three lines of business within the same company? What if you want customers to be able to pay by check without needing to remember to put “LLC” at the end of the company name? Then you’ll want a fictitious name, or “trade name.” A company can have as many of them as they want, and they cost less than changing the company’s name outright. We typically can prepare these the same day they are ordered!
Ongoing General Counsel ^
Many people hesitate to call their lawyer over small things, either for fear of wasting the lawyer’s time or for fear of racking up fees. We know, however, that sometimes an ounce of prevention is worth a pound of cure, and sometimes people don’t realize all the ways their lawyer can help them. With this service, you get half an hour of “phone time” every month (typically two fifteen-minute phone calls) where we talk about you and your business. How are things going? Anything you’ve been concerned about? What projects are coming down the pipeline? What did you decide to do about the situation we discussed last month, and how’s it developing? Don’t underestimate the power of a little advice at the right time. Never be afraid to reach out to a lawyer. Retain us to be your General Counsel.
Privacy Shield ^
When you set up a company, there are three pieces of public information that can potentially give away your identity: the organizer, the registered agent address, and the principal office address. Just using us to set up your company takes care of the organizer, and as long as you use a registered agent service (such as ours), that’s taken care of as well. That leaves just the principal office address – which might be your home address, if you’re just getting started. Don’t want your home address on the internet? Order our privacy shield service, and we’ll let you use our address as your principal office address (but don’t send us mail, please).
Registration To Do Business In Another State ^
When you set up a business in a particular state, it is automatically registered to do business in that state. However, if your company regularly does business in another state besides its “home” state, it should also register as a foreign company and obtain a Registered Agent in that state. While the procedure, paperwork, and costs vary from state to state, our attorney’s fee remains the same. Failing to register in a state where you regularly do business can carry steep penalties if they catch you, so let us help you go from a “local” company to a “national” one!Get Started Now!