Difference between revisions of "Form an LLC in Michigan"
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| − | + | If you want to open a business in Michigan, you may be looking to establish an LLC under the State Statute 450-4104. This statute is valid for any resident seeking to apply to establish a limited liability corporation to be licensed in the State of Michigan. Be prepared to have the appropriate paperwork completed and filed according to state requirements. | |
[[Category:Business Entities]] | [[Category:Business Entities]] | ||
== Steps == | == Steps == | ||
===Planning Your Business=== | ===Planning Your Business=== | ||
| − | #Choose your business name. This is the most important part of the process. Once you have decided the name that you want, check to see if it is available by checking the [http://www2.dleg.state.mi.us/CORPORATIONS/htmldb/f?p=210:1:1151006923921420 Michigan LLC Name Database]. Your name should include one of the following at the end of the name:<ref>http://www.dleg.state.mi.us/bcsc/forms/corp/llc/700.pdf</ref> | + | #Choose your business name. This is the most important part of the process. Once you have decided the name that you want, check to see if it is available by checking the [http://www2.dleg.state.mi.us/CORPORATIONS/htmldb/f?p=210:1:1151006923921420 Michigan LLC Name Database]. Your name should include one of the following at the end of the name:<ref name="rf1">http://www.dleg.state.mi.us/bcsc/forms/corp/llc/700.pdf</ref> |
#*L.L.C. | #*L.L.C. | ||
#*LLC | #*LLC | ||
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#Reserve your business name. Once you have chosen a name, you can reserve it for up to six months by filing an application with the Michigan Department of Licensing and Regulatory Affairs’ Bureau of Commercial Services. The application can be sent through the mail or [http://www.michigan.gov/lara/0,4601,7-154-35299_61343_35413-136482--,00.html online]. | #Reserve your business name. Once you have chosen a name, you can reserve it for up to six months by filing an application with the Michigan Department of Licensing and Regulatory Affairs’ Bureau of Commercial Services. The application can be sent through the mail or [http://www.michigan.gov/lara/0,4601,7-154-35299_61343_35413-136482--,00.html online]. | ||
#*Registering a name requires a $25 filing fee. | #*Registering a name requires a $25 filing fee. | ||
| − | #Create an operating agreement. This step is optional for establishing an LLC in Michigan, but it is highly recommended that you establish an operating agreement at the time of filing your articles. According to Michigan’s legal code, an operating agreement is a written agreement between the members of an LLC outlining the organization and affairs of the LLC.<ref>http://www.legislature.mi.gov/(S(es0n0jliycivktgxoi3iqrly))/mileg.aspx?page=getobject&objectname=mcl-450-4102&query=on&highlight=operating%20AND%20agreement</ref> | + | #Create an operating agreement. This step is optional for establishing an LLC in Michigan, but it is highly recommended that you establish an operating agreement at the time of filing your articles. According to Michigan’s legal code, an operating agreement is a written agreement between the members of an LLC outlining the organization and affairs of the LLC.<ref name="rf2">http://www.legislature.mi.gov/(S(es0n0jliycivktgxoi3iqrly))/mileg.aspx?page=getobject&objectname=mcl-450-4102&query=on&highlight=operating%20AND%20agreement</ref> |
#Appoint a registered agent. LLCs are required to appoint a registered agent at the time of filing for Articles of Organization. This is a person designated by the LLC to accept legal process (any notice or demand that is served upon the company). | #Appoint a registered agent. LLCs are required to appoint a registered agent at the time of filing for Articles of Organization. This is a person designated by the LLC to accept legal process (any notice or demand that is served upon the company). | ||
#*The agent is responsible for sharing information about any legal process with the company. | #*The agent is responsible for sharing information about any legal process with the company. | ||
===Filing for Your LLC=== | ===Filing for Your LLC=== | ||
#Fill in [http://www.dleg.state.mi.us/bcsc/forms/corp/llc/700.pdf Michigan Articles of Organization]. You will have to file an Articles of Organization to the state which is your official application for forming an LLC. Completely fill in all the blanks and if you do not understand any part of what it is asking you, see legal counsel. | #Fill in [http://www.dleg.state.mi.us/bcsc/forms/corp/llc/700.pdf Michigan Articles of Organization]. You will have to file an Articles of Organization to the state which is your official application for forming an LLC. Completely fill in all the blanks and if you do not understand any part of what it is asking you, see legal counsel. | ||
| − | #Recognize whether you need to file for a PLLC. Certain professions are required to use [http://www.dleg.state.mi.us/bcsc/forms/corp/llc/701.pdf an alternate form] of Articles of Organization. This form is appropriate for companies that will be providing dental, medical, religious, or legal services, specifically those “services rendered by a dentist, an osteopathic physician, a physician, a surgeon, a doctor of divinity or other clergy, or an attorney-at-law.”<ref | + | #Recognize whether you need to file for a PLLC. Certain professions are required to use [http://www.dleg.state.mi.us/bcsc/forms/corp/llc/701.pdf an alternate form] of Articles of Organization. This form is appropriate for companies that will be providing dental, medical, religious, or legal services, specifically those “services rendered by a dentist, an osteopathic physician, a physician, a surgeon, a doctor of divinity or other clergy, or an attorney-at-law.”<ref name="rf1" /> |
| − | #*Note that the business name for these businesses should include one of the following at the end of the name in lieu of a regular “LLC” designation:<ref>http://www.dleg.state.mi.us/bcsc/forms/corp/llc/701.pdf</ref> | + | #*Note that the business name for these businesses should include one of the following at the end of the name in lieu of a regular “LLC” designation:<ref name="rf3">http://www.dleg.state.mi.us/bcsc/forms/corp/llc/701.pdf</ref> |
#**P.L.L.C. | #**P.L.L.C. | ||
#**P.L.C. | #**P.L.C. | ||
#**PLLC | #**PLLC | ||
#**PLC | #**PLC | ||
| − | #Send in your Articles of Organization. Once you have filled out the appropriate paperwork, send it in to the Department of Licensing and Regulatory Affairs.<ref | + | #Send in your Articles of Organization. Once you have filled out the appropriate paperwork, send it in to the Department of Licensing and Regulatory Affairs.<ref name="rf1" /> |
#*Make a check payable in the amount of $50 to the “State of Michigan.” | #*Make a check payable in the amount of $50 to the “State of Michigan.” | ||
#*Mail the filing fee and Articles of Organization to: Michigan Department of Licensing and Regulatory Affairs, Securities & Commercial Licensing Bureau, Corporations Division, P.O. Box 30054, Lansing, MI, 48909. | #*Mail the filing fee and Articles of Organization to: Michigan Department of Licensing and Regulatory Affairs, Securities & Commercial Licensing Bureau, Corporations Division, P.O. Box 30054, Lansing, MI, 48909. | ||
#*Deliver the Articles of Organization in person at: 2510 Woodlake Circle, Okemos, MI. Payments may be made by check, money order, VISA, or Mastercard with in-person delivery. | #*Deliver the Articles of Organization in person at: 2510 Woodlake Circle, Okemos, MI. Payments may be made by check, money order, VISA, or Mastercard with in-person delivery. | ||
| − | #Opt for expedited service if necessary. If you want faster processing of your LLC application documents, submit the [http://www.dleg.state.mi.us/bcsc/forms/corp/corp/272.pdf expedited service form] with your application.<ref | + | #Opt for expedited service if necessary. If you want faster processing of your LLC application documents, submit the [http://www.dleg.state.mi.us/bcsc/forms/corp/corp/272.pdf expedited service form] with your application.<ref name="rf1" /> |
#*You should include the appropriate fee(s) for your expedited service. The processing times below are from the time/day that the articles are received: | #*You should include the appropriate fee(s) for your expedited service. The processing times below are from the time/day that the articles are received: | ||
#**Same-day: $100 (must be received by 1PM) | #**Same-day: $100 (must be received by 1PM) | ||
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#*The nature of your company and your location will influence the types of licensing you will be required to maintain. | #*The nature of your company and your location will influence the types of licensing you will be required to maintain. | ||
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== Tips == | == Tips == | ||
