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This Article is about how to
start an LLC in Virginia. The most common way for setting up an LLC in
Virginia involves first creating the LLC in Va in accordance with
Virginia LLC laws and then giving the LLC in Va certain attributes
such as members and a set of governance rules. This is the
process for starting an LLC in Virginia for a brand new business or
when transferring the assets of an existing sole proprietorship
business into a Virginia LLC.
Setting Up a
Virginia LLC
The first step to starting an
LLC in Virginia is to set up the LLC with the State of Virginia.
This is done by filing certain formation documents with the State
that contain required legal information and by paying a state filing
fee to start an LLC in Virginia. The formation documents for
an LLC in Va must include a proper LLC name that is available for
use as a Virginia LLC name (as determined by the State of Virginia),
a registered office and agent in Virginia, and the principal office
of the business for which you are starting an LLC in Virginia.
Admitting
Members and Imposing a Set of Governance Rules
Once the State has processed the
filing for starting an LLC in Virginia, the LLC in Va is actually
formed at that point. However, prior to using that LLC as a
business vehicle, you need to admit yourself as an owner (member) of
the LLC. The Virginia LLC laws provide some default rules for how an
LLC in VA can be governed but the LLC laws allow for the LLC itself
to create its own set of governance rules based on the desires of
the members. Accordingly, a second step to starting an LLC in
Virginia is documenting the transaction of admitting members at the
start of an LLC in Virginia and then approving and adopting a proper
set of governance rules for the LLC in Va. Both of these steps
are typically handles with a Virginia LLC Operating Agreement for
the LLC in Va.
Other Methods
for Starting an LLC in Virginia
Forming a new LLC in Va is one
way to start an LLC in Virginia but the Virginia LLC laws also allow
the conversion of a corporation into an LLC in Virginia. The
corporation can be incorporated in Virginia or another state.
Conversions to an LLC in Virginia require a specific set of
processes and requirements governed by Virginia LLC laws and
regulations.
Another method of starting an
LLC in Virginia for an existing business is "domestication." The
Virginia LLC laws include provisions which allow an LLC formed in
another state to move its state of formation to Virginia BUT ONLY if
the other state allows domestication. Upon the completion of a
proper domestication filing, the LLC is deemed an LLC in Va from
that point forward but is considered the same LLC and owns the same
assets and is subject to the same liabilities as the LLC when it was
formed under the other state jurisdiction.
Virginia Business Formation
provides the fastest and most complete service to
form an llc in va.
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