What is a Limited Liability Company?
Brief Summary of Text
- A Limited Liability company is very similar in structure to a corporation, except the liability of the owners is limited.
- LLC’s are relatively new in the United States
- Used by small businesses to receive the same benefits of a large corporation
- Used mostly in professional fields
- Easier to maintain taxes than a corporation
A limited liability company is very similar in structure to a corporation, except that the liability of the owners is limited -- hence the name. In the United States, a limited liability company is often referred to as an LLC -- many people incorrectly interpret this acronym to mean limited liability corporation. In the United Kingdom, a limited liability company is marked as Limited or Ltd., in contrast to public companies, which are referred to as PLC. LLC’s are relatively new in the United States and have gained popularity during the real estate boom, currently LLC’s are mostly used in professional fields such as: Lawyers, Doctors, Contractors, and Dentists.
The limited liability company is a relatively new innovation in the United States, intended as a way to help small businesses gain many of the benefits enjoyed by corporations, while allowing them to retain their small business model of ownership. A traditional corporation requires a number of things that a limited liability company does not need to create. Corporations have shareholders, for example, and must meet a certain number of times per year at shareholder meetings to make decisions. A limited liability company does not have shareholders and does not require meetings. Similarly, a limited liability company does not need to create a set of bylaws, though some states require an operating agreement in order to recognize the company.
The limited liability company model is widely considered to be an alternative to remaining as a sole proprietorship. For small businesses which are owned by one person, the tax benefits of being a sole proprietorship outweigh the liability-reducing benefits of incorporation. By becoming a limited liability company, however, these small businesses retain many of the perks of being unincorporated, while reducing their liability. A limited liability company may in fact choose its own tax status, deciding whether to be treated as a sole proprietorship, or an S or C corporation.
The limitations of liability are of course very important, and are the primary reason most small businesses choose to become an LLC. Once a sole proprietorship has been granted limited liability company status, the owner bears much less responsibility for prosecution and debt issues that the business may undergo. Declaring bankruptcy, for example, can be an enormous headache for a sole proprietorship, incurring serious personal consequences for the owner's credit rating. While bankruptcy is of course never cause for celebration, as a limited liability company, the owner need not worry about his or her personal finances becoming caught up in the business' problems.
While an LLC is the obvious choice for many business owners, for others it may not be worth it. While the accounting and paperwork involved in creating a limited liability company and handling its taxes are substantially easier to deal with than those of a corporation, they are nonetheless more complex than those of a simple sole proprietorship or partnership. The decision to become a limited liability company should be carefully considered and discussed with the business accountant, but it is an option that any sole proprietorship which could potentially run into legal or economic trouble should look into.
Source: http://www.WiseGeek.com
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