LLC stands for Limited Liability Company. It can be daunting for an entrepreneur to start an LLC from scratch. A good alternative to that is purchasing an already existing limited liability company. However, before you buy an LLC, you will need to consider a variety of factors, including careful research on the LLC, as well as future costs of running the LLC. Apart from that, you will also need to be fully aware of all written agreements.
In this article, you will learn about how to buy a limited liability company (LLC). However, before that, we will discuss what a limited liability company is and how it works. Apart from that, we will share with you some essential steps that you need to follow to buy a limited liability company that will be profitable as well as successful. Hence, to learn more about buying an LLC, read on through to the end of the article.
What Is A Limited Liability Company (LLC)?
According to the Forbes Advisor,
“A limited liability company, or LLC, is a type of legal entity that U.S. business owners can select for the operation of their enterprise. Creating an LLC protects an individual’s or group’s personal assets in case of legal trouble or bankruptcy. It also allows for flexible taxation options, as not all businesses operate in the same way. Some may elect for taxation as a sole proprietorship, but others may be taxed as a corporation.”
However, before you purchase an LLC, consider a tax advisor to determine whether it is a good option for your case or not. One of the best things about a limited liability company (LLC) is that it can offer you protection and other perks. Basically, buying an LLC will allow you to realize your entrepreneurial dreams without having to start from scratch.
Check Out: LLC vs Sole Proprietorship
How Does A Limited Liability Company Work?
According to Investopedia,
“Limited liability companies are hybrid entities that combine the characteristics of a corporation with those of a partnership or sole proprietorship. While the limited liability feature is similar to that of a corporation, the availability of flow-through taxation to the members of an LLC is a feature of a partnership rather than an LLC.”
Basically, as an owner of an LLC, you will stay away from the business liability. If the company is in debt, the debtors will not pursue you, in this case, for the repayment of the company’s debts.
An LLC is permitted to operate under state laws in the United States. Hence, the regulations that govern LLCs vary from state to state. The owners of an LLC are called members. In some states, there is no restriction on ownership – which means that anyone can be a member of the LLC. However, some business entities cannot form LLCs – mostly, banks and insurance companies fall under this category.
To form an LLC, you will need to file articles of organization with the Office of the Secretary of the State you are in. Furthermore, it is easier to set up an LLC than a corporation, and comparatively, an LLC provides more flexibility and protection to investors.
How To Buy An LLC? – A Few Steps To Follow
According to ContractsCounsel.com,
“A limited liability company offers many characteristics of both a corporation and a general partnership or sole proprietorship. The structure of an LLC is such that the company is responsible for most debts or losses. At the same time, the owners reap the benefits of forming a partnership. This is done through the articles of organization and is vital for purchasing an already existing LLC.”
Step 1: Find The Right Business To Buy
Find a business that is up for sale. Since it is not easy, try to create a network. Also, communicate with your local chamber of commerce or a trade group for your industry.
Step 2: Start Your Negotiations
This goes without saying. In this case, be sure who you are dealing with or someone who has authorization to negotiate on your behalf. Make sure to prepare the confidentiality agreement.
Step 3: Do All The Necessary Task
Basically, you will thoroughly review the business here. The following are the things that fall under this step:
- Home inspection
- Title report containing details of the financial condition.
- The operations of the business, and many more.
Step 4: Agree On The Memorandum Of Understanding
The Memorandum of Understanding (MoU) consists of all the things that are agreed upon by the owners of the business. Outline whether you are buying the whole LLC or some of its assets. You can also outline what is included in the purchase and what is not. The MoU also consists of preliminary price and payment terms.
Step 5: Draft A Purchase Agreement And Similar Documents
Once you have completed all the necessary tasks and due diligence, you will need to draft a purchase agreement for the LLC. It is a formal legal document that contains information about everything related to the business, including the purchase, purchase price, remedies, etc. Make sure to have other related agreements ready as well.
Step 6: Notify Your State
Once you have purchased an LLC, as well as its assets, you will need to notify the state where the LLC is located about the change in ownership of the business. Also, provide information to the state about the registered agent if you have changed the registered agent of the LLC.
Hope this article was helpful for you in getting a better understanding of how to buy an LLC. One of the biggest disadvantages of an LLC is that it is not easy to expand. However, LLCs are easy to run and maintain, provided the taxation system is different.
If you run a business, you must have a business plan. If you are looking to limit your personal liability in the business, then only you will need to go for an LLC. The LLC system is a better option if you want to protect yourself from the liabilities of the business. Do you have any more info to add regarding LLCs? Share your ideas and opinions with us in the comments below.
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