If I form an LLC to start a small business, but the business grows bigger a few years can I convert the LLC in to a regular corporation or C corporation to attract investors?
Yes. Please see the Secretary of State conversion table linked below.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
As mentioned before, an LLC can generally be converted into another entity form. Different states will require different approaches and some may have more options than others (e.g., DE LLC’s have more options for conversion, including a simple entity conversion form). However, you should be aware that these conversions can have significant tax implications (these will also depend on how you have elected to have your LLC taxed in the first place—e.g., as a partnership using form 1065, versus a corporation).
There are generally three flavors of conversion strategies that address these implications: 1) the corporation is formed, it passes its stock to the old LLC which passes it to the LLC members and then the LLC is dissolved; 2) the LLC passes its assets to the LLC members, the LLC dissolves, and then the members pass those into the new corporation; 3) the LLC passes its assets to the corporation directly, and then the LLC dissolves.
You may also want to look at IRS Revenue Ruling 2004-59, which explains how the IRS addresses the automatic LLC conversion to corporation through the filing of a state form (where the LLC was originally taxed as a partnership).
I hope that you found this useful.
Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.