Are you an entrepreneur who is looking to start a business? If so, you need to be aware of the top 5 business registration mistakes that entrepreneurs make. By knowing what these mistakes are, you can avoid them and have a smoother experience when registering your business. So, without further ado, let’s get started!
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Being Your Own Registered Agent
Many business owners make the mistake of thinking that they can save money by being their own registered agent for their business. However, this can actually end up costing you more in the long run.
First of all, it’s important to understand what a registered agent is and what they do. A registered agent is essentially someone who acts as a point of contact for your business, handling important legal and tax documents on your behalf.
This person must have a physical address in the state where your business is registered, and they must be available during business hours to accept service of process and other communications.
While you may think you can save money by serving as your own registered agent, there are actually several reasons why it’s worth hiring someone else to do this job. First of all, it saves you time and energy.
Running a business is already a full-time job, and juggling all of the different responsibilities can be wearing. By hiring a registered agent, you can focus on running your business instead of worrying about staying on top of paperwork.
In addition, hiring a registered agent shows that you’re serious about compliance and protecting your business interests. It sends a message to customers, partners, and others that you’re a professional operation that takes its obligations seriously.
Finally, if you’re ever sued or served with legal papers, having a professional registered agent can save you a lot of hassle and expense. If you try to handle these matters yourself, you could end up missing an important deadline or making an expensive mistake.
So while it might seem like hiring a registered agent is an unnecessary expense, it’s actually an investment that can pay off in the long run. When it comes to choosing a registered agent for your business, make sure to do your research and choose someone with experience and a good reputation.
This will help ensure that your business is in good hands and well-protected against potential legal problems down the road.
Registering Your LLC In The Wrong State
Registering your LLC in the wrong state can have some unintended consequences. if you have nexus in your home state you should register in your home state. Nexus is the physical connection your business has to the state.
For example, if you have an office or employees, you have nexus. Due to nexus, you will need to register your business in your home state because you will need a state tax id number in order to withhold payroll tax on your employees.
However, if you have a virtual business or if your LLC only owns assets, registering in a state that has better privacy and asset protection laws would be beneficial. Without nexus, there is no legal reason why you must be registered in your home state.
For those with real estate holdings, it is very common to hold your real estate assets in a Wyoming LLC due to the state’s favorable asset protection laws. Wyoming has very clear statutes on protecting the assets of a single member LLC as well as providing the LLC members charging order protection.
If you are a digital nomad, you can choose the best state that meets your needs. In some cases a Wyoming LLC is ideal whereas in certain circumstances a Delaware LLC could be ideal.
New Mexico is another great option since it has exceptional privacy and you don’t need to disclose members or managers to the secretary of state. For those that place a very high value on privacy, a New Mexico LLC is ideal.
Disclosing Unnecessary Information To The Secretary Of State
Business registration can be a complex process, and oftentimes business owners make the mistake of disclosing unnecessary information to the secretary of state. This can lead to problems with asset protection and privacy.
Different states have different requirements for business registration, but in general you should only disclose information that is legally required.
For example, exposing your home address is a terrible idea for privacy and asset protection. Using a commercial registered agent can help to avoid these mistakes.
Registered agents are professionals who respect your privacy and can help to ensure that you comply with all legal requirements. When it comes to business registration, it’s always best to err on the side of caution and use a registered agent.
No, Or Poorly Drafted, Operating Agreement For Your Business
LLCs offer business owners many advantages, including limited liability and privacy. However, one of the most important aspects of an LLC is the operating agreement.
This document spells out what happens in a variety of circumstances and can protect business owners against lawsuits, partner disputes, and predetermine how the LLC is dissolved when a partner dies or the business ceases to operate.
Many entrepreneurs don’t even bother drafting an operating agreement, which is a huge mistake. But just as bad is drafting a poorly written operating agreement. A poorly written operating agreement can nullify the asset protection afforded by an LLC and leave business owners vulnerable to lawsuits, partner disputes, and other problems.
So when it comes to business registration, make sure you take the time to draft a well-written operating agreement. It could be the difference between success and failure.
Choosing The Wrong Entity Type
Many entrepreneurs make a mistake by choosing the wrong type of entity for their specific business needs. For example if you plan to raise money from investors or take a company public, forming a corporation is most likely your best option.
If you own significant assets like real estate, large equity holdings, expensive equipment, or other large assets, an LLC gives you the best asset protection benefits as well as pass-thru taxation.
For most entrepreneurs starting out an LLC is ideal due to the simplicity of the structure, low maintenance, minimal reporting requirements, low cost and pass-thru taxation.
By understanding the differences between business entities and which one makes the most sense for your business goals, you can save yourself a lot of headaches (and money) down the road.
Summary
As a new entrepreneur or even a seasoned vet, it is wise to seek out professional assistance with business registration so you can focus on what’s important for your new startup – getting customers and building your business.
