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Tue 27 June 2023

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How to Form a Single-member LLC in Maryland

If you are a solo entrepreneur or small business owner in Maryland, you may want to consider forming a single-member Limited Liability Company (LLC). This legal entity can provide personal liability protection, tax advantages, and flexibility that can suit many types of businesses. Here are the step-by-step instructions on how to create a single-member LLC in Maryland.

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Step1 - Choose a Name for Your LLC

Before forming an LLC, you need to select an available name that reflects your business identity. The name should contain the words “Limited Liability Company” or its abbreviation “LLC”. You can check the availability of a name by searching the Maryland Department of Assessments and Taxation (SDAT) business database.

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Step 2 - Register Your LLC Name

Once you have decided on a unique name, you need to register it with the SDAT online or in person. You will need to fill out the LLC registration form and pay the filing fee of $100. You can also expedite the processing of your application for an additional fee. Your LLC name reservation is valid for 30 days.

Step 3 - Appoint a Registered Agent

Maryland law requires all LLCs to have a “registered agent” who can receive legal and official documents on behalf of the company. The agent should have a physical street address in Maryland: it can be the owner or a third-party provider. You can hire a registered agent online by searching for local service providers.

Step 4 - File the Articles of Organization

The key legal document to form your LLC is the Articles of Organization. This document describes the name and address of your LLC, the name and address of the registered agent, and the name and address of the LLC member. You can file the articles by mail or in person with the SDAT. The filing fee is $100 for regular processing. The processing time is typically 1-3 weeks.

Step 5 - Get an EIN Number

An LLC is not a stand-alone tax entity, and as a single-member LLC, you can choose to be taxed as a sole proprietorship or a corporation. Regardless of your choice, you must obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This number is used for tax filing and reporting purposes, as well as opening a bank account for your business. You can get an EIN online in a few minutes for free.

Step 6 - Create an Operating Agreement

Although Maryland LLC law does not require a single-member LLC to have an operating agreement, it is highly recommended to create one to clarify the roles, responsibilities, and relationships within the business. An operating agreement can also help avoid disputes and litigation down the road. You can use a template or hire an attorney to draft a custom agreement.

Step 7 - Obtain Business Licenses and Permits

Depending on the nature of your business, you may be required to obtain various licenses, permits, and certifications from federal, state, or local authorities. To know which licenses are necessary, consult with your business attorney or use the Business License Information System provided by the Maryland.gov website. Failure to obtain the correct licenses can result in fines, penalties, and business closure.

Step 8 - Maintain Compliance

Once you have formed your single-member LLC, there are ongoing compliance requirements that you need to follow to maintain your legal and financial legitimacy. These include:

- Filing annual reports with the SDAT to update your business information and pay the annual fee of $300

- Keeping accurate records of your business transactions, income, and expenses

- Paying income and sales taxes on time

- Maintaining liability insurance to protect your business and personal assets

- Complying with labor laws, environmental regulations, and other legal requirements

In conclusion, forming a single-member LLC in Maryland involves several steps and legal requirements. However, with proper planning, guidance, and compliance, you can benefit from the protection, flexibility, and growth opportunities provided by this business structure. Consult with an experienced business attorney or tax advisor to ensure that your LLC formation is done right.

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