Can I use an LLC for a personal residence I already own?

If you already own a home (where you’ve taken title in your name), just forming an LLC will not protect you. A lot of people make this mental mistake. To get the liability protection from the LLC, you’d need to transfer the home from your name to the name of your LLC. You need to do this at a title company, and there will be additional costs.

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Articles of Organization for LLC

The Articles of Organization is the document that you’ll file with the Secretary of State’s office (or similar division) in the state where you are forming your LLC. Depending on the state, the LLC Articles of Organization may also be called a Certificate of Organization or Certificate of Formation… but they all do the same thing: they register your LLC with the state.

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What is an LLC Certificate of Organization?

A Certificate of Organization for an LLC (Limited Liability Company) is a document that does either one of two things, depending on the state where you are forming your LLC. In most states an LLC Certificate of Organization is a legal certificate from the Secretary of State showing that your LLC was duly formed and is recognized as a legal entity in that state. Usually in these states you file an Articles of Organization (or Certificate of Formation) and the state sends you back a Certificate of Organization.

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Who Can be LLC Members?

When forming an LLC, who can be an LLC Member. An LLC Member is an owner of an LLC. This Quick List explains which type of people and which types of companies can be LLC Members. US citizens, US residents, Non-US citizens, Non-US residents, US immigrants, US foreigners, Other LLCs, Other Corporations (C-Corporations and S-Corporations), Other legal entities (besides LLCs and Corporations), Trusts, Pension Plans, and Individual Retirement Accounts (IRAs) can be LLC Members.

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When forming an LLC, who is the Registered Agent?

An LLC Registered Agent is a person or company who agrees to receive legal and court mail (called Service or Process) on behalf of your LLC. In most states, you have 3 options for who can be your LLC’s Registered Agent. Designating a Registered Agent for your LLC is a state requirement and it ensures that the US court and legal system function properly.

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Foreign LLC vs Domestic LLC: What’s the difference?

When most people hear the word “Foreign LLC” they usually think this is an LLC formed outside of the United States. This is not the case. A Foreign LLC still refers to a US company. A Foreign LLC is an LLC that was formed in one state, but is now registering (also referred to as “qualifying”) to do business in a new state. A Domestic LLC is an LLC that was formed in its “home state” and that operates in this state.

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