As the owner of a business startup operating in the technology or communications sector, you’ve got your hands full dealing with product development, funding, and a thousand other important aspects related to business launch. Forming a limited liability company doesn’t have to be an additional challenge. While your first step should always be to engage the support of a startup lawyer, here’s some background on the process of forming an LLC in Washington, DC.
Step #1 – Name Search
The first step is conducting a name search to ensure that the chosen legal name of your LLC doesn’t conflict with any other registered names in Washington, DC. It’s possible to conduct the search yourself through the DCRA Corp Online Web Portal. That being said, a lawyer knows the ins and outs of performing a thorough search so that there are no costly surprises down the road if something is missed.
Step #2 – Appoint a Registered Agent
New businesses can avoid a lot of missteps, headaches and delays by consulting with a lawyer for business startups. This will particularly come in handy as the next step of the process is appointing a registered agent to receive notice of lawsuits and other legal services – a requirement.
Step #3 – File Your Forms
Then, you can file the DLC-1 form (Articles of Organization) with the DCRA Corporations Division along with the forms for obtaining your EIN and Form FR-500 for combined Business Tax Registration and D.C. Business License. The costs for this process can be several hundred dollars with a turnaround time that can range from one day to a month, depending on how you file and if you pay the higher expediting fee.
While it’s possible to perform this function for your startup without a lawyer, things can quickly become more complex without an understanding of the filing process in Washington D.C. and how to work within the legal expediting process. You also must keep in mind that your LLC will generate numerous official records over the business lifecycle, so ensuring that they are handled and fully understood by a legal expert is the best way to avoid undo risks to the business.
Step #5 – LLC Operating Agreement
The final step is the preparation of the Operating Agreement that lays out rules for managing and operating the LLC. This includes laying out the economic interests and voting rights of owners and members. The operating agreement is where you must fully flesh out the legal details of what managers and officers of the business can and cannot do. This includes specifying the details of voting actions such as majority, super majority or unanimous approval requirements.
Overall, the complexity of forming an LLC in Washington D.C. depends on a number of factors, such as having investors or employees. Having a startup lawyer involved from day one is the ideal scenario for avoiding roadblocks that can derail your business. The LLC registration process will be the foundation of your startup so foregoing legal expertise in its formation may save some money, but it will leave you open to creating an inferior operating agreement.
The formation of an LLC for a startup in Washington, DC is the foundation of your business. We’ve all heard the saying about building on shaky ground, so having an experienced startup lawyer to guide you in preparation of that foundation will pay off as your business changes and grows.