Advise regarding Incorporating business.

Asked over 4 years ago - Redmond, WA

As H1-B worker in US I want to open LLC with myself as the only owner. I'll only be a passive investor. I'll hire a LLC manager for day to day job and tax filing etc. I have following questions:

Are there any legal issues I should be concerned about with such business formation?
What can be minimal LLC manager wage?
As it will only do business online, Can I open LLC in Nevada or any state?


Attorney answers (2)

  1. Dana Howard Shultz

    Contributor Level 20

    Answered . You might find the posts at the links below helpful.

    Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

  2. Karen J. Orlin

    Contributor Level 8

    Answered . In order to form an llc under the laws of any state of the U.S.A., you generally must designate in the Certificate of Formation or Articles of Organization (i.e., the charter filed with the Department of State of that state) a principal place of business and a registered office and agent for service of legal process on the llc. Unlike filing an election for the entity to be taxed as an S corporation for federal income tax purposes, a non-resident, non-citizen generally may be a member of an llc unless the llc is engaged in a business for which regulations restrict ownership to U.S.A. citizens and registered residents. Nevada llc and tax laws provide some incentives to forming llcs in that state that are not offered by other states. You should consult with an attorney licensed to practice in the state in which the llc maintains its principal place of business or in which the llc will be formed.
    Disclaimer: Karen J. Orlin is licensed to practice law only in FL and NY and maintains the principal place of business of her law firm, Karen J. Orlin P.L., in Coral Gables, FL. In accordance with ethics rules applicable to attorneys, Ms. Orlin advises you that she does not "specialize" in any area of law, but the areas of concentration of her practice include limited liability company, corporate, and business transactions law. Karen J. Orlin has provided the above response to your question and other information on the website of Karen J. Orlin P.L. for general educational and informational purposes only. That response and other information are not intended to constitute, and do not constitute, legal advice nor a solicitation for the formation of an attorney-client relationship; no attorney-client relationship is created through your use of this website or the website of Karen J. Orlin P.L., or your receipt of the above response or other information. Anyone accessing this website, the website of Karen J. Orlin P.L. or the above response should not act upon any information or statement contained in any of them without first seeking legal counsel licensed to practice in the jurisdiction in which the person accessing this website resides or is organized or formed. Further, that response, information or statement is general in nature, and may not apply to any particular factual or legal circumstances. The attorney-client relationship can only be formed by the execution of an engagement letter countersigned by Karen J. Orlin P.L. In addition, unsolicited e-mails and information sent to Karen J. Orlin P.L. or Karen J. Orlin do not create an attorney-client relationship with Karen J. Orlin P.L. or Karen J. Orlin, will not be considered confidential, and may be disclosed to others pursuant to the Privacy Policy of Karen J. Orlin P.L. Karen J. Orlin P.L. and Karen J. Orlin accept clients only in accordance with certain formal procedures, and render legal advice only after completion of those procedures. Karen J. Orlin P.L. and Karen J. Orlin do not seek to represent anyone desiring representation based upon accessing this website or the website of Karen J. Orlin P.L. in any jurisdiction where either website fails to comply with applicable laws and ethical rules. In addition, Karen J. Orlin does not seek to practice law in any jurisdiction in which she is not properly authorized to do so.

Related Topics

Small business LLCs

An LLC (limited liability company) is a business entity that has elements of both a corporation and a partnership (or sole proprietorship).

Small business s-corporation

An S corporation does not pay federal income taxes, instead passing its income, losses, deductions, and credits through to its shareholders.

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