Overview Of The Massachusetts LLC Operating Agreement

If you have a thriving business in the state of Massachusetts, it is highly recommended that you use the benefits of setting up an LLC. These are designed to improve your ability to protect your personal assets in the event that you are sued regarding your business. Limited liability companies have been available for many years, but there are a few people that actually set them up. Here is an overview of how you can create an LLC in Massachusetts, and a quick overview of how to properly fill out your Operating Agreement form.


How To Start The Process

Creating an LLC is a very straightforward process. Initially, you will need to determine if the name of your LLC will be available. If someone else has taken it, you will need to choose something else. Next, you will need to fill out your Certificate of Organization. It’s important to also find a registered agent that can represent your business as an intermediary who can receive your business mail. Finally, you will need to fill out your Operating Agreement, a document that is not necessary but will certainly benefit your business in certain circumstances. It is also necessary to comply with any regulatory or tax requirements and file annual reports once everything is set up.


How To Fill Out Your Operating Agreement

In Massachusetts, when creating an LLC, the Operating Agreement is not necessary. It is only advised because this can prove to be a very valuable document in the case of litigation. In this document, you are going to list all of the managers and members that are part of your LLC. You will write down what their responsibilities are, what their rights are, and also detail how the entire business will be managed. This is going to help define the fact that your limited liability company is truly separate from the business that you are operating in the state. Some of the information will also include the percentage of interest for each member, the voting powers of the members, and where the allocation of losses and profits will occur. Additionally, it is important to list the rules for certain things including how you will do the voting, and how the meetings will proceed, plus buyout provisions if any.


Massachusetts LLC Operating Agreement

How To Fill Out Your Certificate Of Organization

Also called the LLC certificate of organization, this is the document that is needed to create the LLC. This is something that must be submitted to the Secretary of the Commonwealth Corporations Division and must include the following things. This will include the EIN number, the location of the LLC, its name, and what the businesses about. It should also include the dissolution date if that is what you are doing, and it should also have the name, signature, and address of the registered agent. Also, you must include the addresses of the managers, their names, as well as the same information regarding authorized people that are entitled to execute documents. Once all of this is done, you will then need to file this with the appropriate fee.


How Much Does It Cost To Create An LLC In Massachusetts?

The cost in Massachusetts is $500 if you are filing on paper either in person or by mail. If you decide to do this online, it is $520. Once the paperwork is submitted, it may take up to six weeks for the documents to be processed. It could be in as little as four weeks, depending upon how many LLCs have been submitted. If you decide to take advantage of the expedited processing option, which is slightly more money, it could be done in about 10 days if this option is available.


The Benefits Of Setting Up LLCs In Massachusetts

There are three primary benefits to creating an LLC in Massachusetts. The same benefits will likely apply to any of the other 50 states. This includes limiting your personal liability by separating yourself from the company that you have created. Second, it makes it easy to do quick filing, comply with rules and regulations within the state, and finally, there are tax advantages. All of this can be discussed with your accountant as you are filing your paperwork at tax time to see how you will benefit from your limited liability company from a tax perspective.

Creating an LLC can be a difficult task for anyone that is not used to set up separate entities like corporations. Although the paperwork is limited, the quality of the information that you provide is important, which is why you may want to use a professional business to help you. By speaking with a representative of a reliable business that can answer your questions, you can get a better perspective on how this process works. Even better, they can also help you file everything, and ensure that all that you have done is error-free so that your submission will go through as soon as possible.