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Casual Articles - The 5 Biggest Mistakes Made by New LLCs
Stack Your Debts: A Simple Four-Step Plan to Reducing Your Debts are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager.Are you feeling trapped by debts you accumulated long ago?If you are able to pay your current expenses – and aren’t sinking further into debt – but you're still feeling dragged down by old debts and nagging monthly minimums, this plan is for you.It's a simple four-step process you can follow to help you regain control over your finances.Step 1 – List all of your debts, starting with your smallest debt (no matter what the interest rate), and followed by your larger debts. In your list, write down your largest high-interest debts (such as those from credit cards) before your largest low-interest debts (such as lines of credit.)Step 2 – Continue to pay the minimums on all de Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business wh The Importance of Providing an e-Service Mistake #1 Doing Business Before the LLC is Formed.The internet offers web-based entrepreneurs great ways to create income, such as affiliate marketing, banner-advertising, and pay-per-click advertising. The online business-person must remember that the income method is only one part of business. One must also supply an actual service.You can't just join an affiliate program and expect to make money. You can't just put an ad banner up on a website and expect to make money. That would be about as effective as having TV commercials without a TV show.Not only do you need a way to earn income from your web traffic, emails, etc., but you also need to provide a service for your customers, viewers, and/or audience. Without providing a service, you won't You are personally liable for any business activities or transactions that take place before your LLC is formed. A person can sue you years later for something you did today. If your business becomes successful, those early acts could cause you to be the subject of a personal lawsuit. Don't think it has not been done. With over 70,000 lawsuits filed a day, this world is filled with people and their predatory litigation attorneys looking for successful small businesses to attack. Mistake #2 Failing to Actually Issue Ownership Interests in the LLC. Many business owners create an LLC but never actually issue ownership interests (known as Membership Units) to the persons that are going to be owners of the LLC (known as Members). It can be easy for you mistakenly think that because you created the LLC, you are automatically the owner of the LLC. The fundamental premise of an LLC is that it is its own separate entity. When an LLC is formed by a state agency, it does not have owners. Membership Units or a percentage interest in the LLC must be issued to the persons who will be the owners. This issuance transaction should be in writing. The LLC Operating Agreement is the typical place where the LLC issues shares to Members. Make sure that after your LLC is formed, you complete this next step. Mistake #3 Failing to Create a Management Structure. An LLC needs to have a management structure. A management structure determines who has the authority to make decisions on behalf of the LLC. There are two management structures. A member-managed LLC is when the members automatically have the rights to operate and manage the LLC business. The second is a manager-managed LLC which creates a corporate type structure. A Board of Managers is created and persons who are appointed to that Board have the authority to run the business. The best place to create a management structure is in the LLC's Operating Agreement. All LLC's should have an Operating Agreement as this agreement creates the set of rules for your LLC. Mistake #4 Failure to Get Investment Obligations in Writing. The LLC Acts of most states require that all agreements by a Member of an LLC to contribute money to the LLC must be in writing. An oral agreement is not enforceable under the law. If you are planning on starting a new business with other persons, you will likely get together and decide on how much of the business each of you will own and on what obligations each of you are agreeing to with respect to that business. Obligations usually include how much money you are each going to contribute to the business or what kind of services and time commitment each of you will devote to the business. These conversations take place but in many multi-member LLCs, they are never placed in writing. Without a writing, any oral promises are not enforceable. If you issue Membership Units based on an oral promise and the Member fails to deliver, you cannot take back the Units. Mistake #5 Thinking that an LLC is a Foolproof Layer of Liability Protection Yes, it is established that a Member of a properly formed and maintained LLC is not liable for the debts, obligations and lawsuits of the LLC merely by being a Member of the LLC. But, in a realistic business context, persons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business. In today's litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC. Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate. There are certain standards and formalities you need to meet or else you run the risk of being personally liable (this risk is known as piercing the veil risk). The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances. Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager. Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business whi The Marketing / Sales Disconnect & Its Impact On Lead Generation ssued to the persons who will be the owners. This issuance transaction should be in writing. The LLC Operating Agreement is the typical place where the LLC issues shares to Members. Make sure that after your LLC is formed, you complete this next step.Let’s talk about how companies can work to improve the seamless connectedness between their lead generation activities and their sales activities. A lot of companies have many, many disconnects between the parts of the organization that actually generates qualified leads for the company, i.e. usually marketing, and those who actually convert those qualified leads into sales opportunities and close new business for the company - in other words, the sales team. Typically, there is a large disconnect between several functions inside both marking and sales that produce these actual leads and turn them into qualified business opportunities for the company. Part of this is cultural.Many companies have a cultur Mistake #3 Failing to Create a Management Structure. An LLC needs to have a management structure. A management structure determines who has the authority to make decisions on behalf of the LLC. There are two management structures. A member-managed LLC is when the members automatically have the rights to operate and manage the LLC business. The second is a manager-managed LLC which creates a corporate type structure. A Board of Managers is created and persons who are appointed to that Board have the authority to run the business. The best place to create a management structure is in the LLC's Operating Agreement. All LLC's should have an Operating Agreement as this agreement creates the set of rules for your LLC. Mistake #4 Failure to Get Investment Obligations in Writing. The LLC Acts of most states require that all agreements by a Member of an LLC to contribute money to the LLC must be in writing. An oral agreement is not enforceable under the law. If you are planning on starting a new business with other persons, you will likely get together and decide on how much of the business each of you will own and on what obligations each of you are agreeing to with respect to that business. Obligations usually include how much money you are each going to contribute to the business or what kind of services and time commitment each of you will devote to the business. These conversations take place but in many multi-member LLCs, they are never placed in writing. Without a writing, any oral promises are not enforceable. If you issue Membership Units based on an oral promise and the Member fails to deliver, you cannot take back the Units. Mistake #5 Thinking that an LLC is a Foolproof Layer of Liability Protection Yes, it is established that a Member of a properly formed and maintained LLC is not liable for the debts, obligations and lawsuits of the LLC merely by being a Member of the LLC. But, in a realistic business context, persons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business. In today's litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC. Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate. There are certain standards and formalities you need to meet or else you run the risk of being personally liable (this risk is known as piercing the veil risk). The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances. Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager. Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business wh How Many Careers Would You Like? ember of an LLC to contribute money to the LLC must be in writing. An oral agreement is not enforceable under the law. If you are planning on starting a new business with other persons, you will likely get together and decide on how much of the business each of you will own and on what obligations each of you are agreeing to with respect to that business. Obligations usually include how much money you are each going to contribute to the business or what kind of services and time commitment each of you will devote to the business.As children we all hear the question, “What do you want to be when you grow up?” So we grow up, we pick a career and work at it for a while. But then what? Does the choice we made at age 20 bind us until age 65?For many people that seems to be exactly what happens, and that’s a fine choice if you’ve made it consciously. But there’s no rule that says you have to pick one career and stick with it until you retire. You can enjoy many different careers if you so choose. Many people experience this by accident (such as when they lose a job), but you can also do it by choice.Sometimes young people are paralyzed when faced with choosing a lifetime career. Picking one thing means denying yourself everythi These conversations take place but in many multi-member LLCs, they are never placed in writing. Without a writing, any oral promises are not enforceable. If you issue Membership Units based on an oral promise and the Member fails to deliver, you cannot take back the Units. Mistake #5 Thinking that an LLC is a Foolproof Layer of Liability Protection Yes, it is established that a Member of a properly formed and maintained LLC is not liable for the debts, obligations and lawsuits of the LLC merely by being a Member of the LLC. But, in a realistic business context, persons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business. In today's litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC. Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate. There are certain standards and formalities you need to meet or else you run the risk of being personally liable (this risk is known as piercing the veil risk). The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances. Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager. Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business wh Save Time & Money Shopping for Electronic Items Online ons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business.When it's time to find that special gift for a loved one or the birthday boy, do you head out to the shops in the hopes of stumbling across the perfect little electronic gadget? Even if you use the advertising circulars as a guide, that can often lead to a frustrating treasure hunt that burns you out while wasting your time and your money - and sends you home with a gift that's not quite what you wanted in the first place. You'd think there'd be a better way. Well - there is. Whether you're shopping for a cheap computer, an MP3 player, a digital TV or even a DVD movie, the smartest place to shop is sitting right in front of your computer.It shouldn't come as any surprise that it's easy to find bargains o In today's litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC. Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate. There are certain standards and formalities you need to meet or else you run the risk of being personally liable (this risk is known as piercing the veil risk). The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances. Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager. Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business wh Remembering Ray Noorda are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager.Ray Noorda died last October and many of you have sent me notes about his passing. He had a profound influence on many of us in the networking industry and was behind many of the technologies and trends that we now take for granted. As a member of my parents’ generation, he was a father figure and mentor to me and many others.Noorda ran Novell during its glory years of the early 1980/90s. The Novell of yesteryear bears little resemblance to the present company. It began operations in a small Utah suburb located a few miles from the campus of Brigham Young University, and pulled much of its programming talent from the students at the computer science department there. For those of you that have never been Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable. In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business which includes getting the right help when needed in your business! Copyright (c) 2007 Amyli McDaniel
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