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A Series LLC also offers the benefit of pass-through taxation, similar to a traditional LLC and partnerships, which avoids the potential for double taxation that can occur in corporations. Each series within a Series LLC can have its income and losses passed through to its members' personal tax returns.
The first thing you will need to do to form an LLC is to complete your Articles of Organization. Then file them with the Secretary of State. Forms can be found on the Illinois Secretary of State website. The Illinois Secretary of State also has a detailed guide for organizing an Illinois LLC.
Illinois state law doesn't require an operating agreement. Statute § 805 ILCS 180/15-5 states that LLC members may enter into an operating agreement but doesn't require them to do so.
How to get an LLC in Illinois Step 1: Choose a name for your Illinois LLC. Step 2: Determine management structure (member vs. Step 3: Select your Illinois registered agent. Step 4: Prepare and file your LLC Articles of Organization with the State of Illinois. Step 5: Obtain a federal employer identification number.
Solo-entrepreneurs are best choosing the single-member LLC legal structure due to low set-up costs and minimal paperwork compared to other LLC structures. However, like any business, there are legal obligations associated with starting and running one such as taxes and debts.
Seek approval from existing members through a vote at an LLC meeting. Amend your articles of organization with the Illinois Secretary of State to reflect the addition of a new member. Finally, update your operating agreement to ensure all members are aware of and agree to the changes.
Specifically, a domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation.
The main difference is that the formation document of a Series LLC will have to include a statement that the LLC may establish series which are protected from the liabilities of other series and the LLC itself. Some states have separate forms for Series LLC formations.
Illinois is one of more than a dozen states that allow for the formation of a Series LLC. A Series LLC is a special type of limited liability company consisting of a parent LLC and one or more divisions within itself, called “series,” that can have separate assets, finances, business purposes, and limited liability.