Missouri LLC in Missouri

The Missouri limited liability company is more frequently used than other legal entities by entrepreneurs and new businesses in Missouri. More than 30,000 LLCs are created every year in Missouri.

There are many businesses that try to form an LLC, but then discovery that the filing is incorrect or otherwise defective, failing to meet the Missouri Limited Liability Company Act requirements. What is worse, other businesses may get their LLC formation processed by the state only to learn later that something was incomplete or did not comply with Missouri limited liability company requirements.

You will need to avoid these types of problems because they can create serious liability difficulties for you once your business matures. This Article will summarize the six requirements for forming a limited liability corporation under the LLC laws in Missouri.

NAMING YOUR MISSOURI LLC

Specific requirements are set forth in Section 347 for a Missouri LLC name. First, the name must have an LLC designation tail. Second, the name must be different and uniquely distinguishable from any other recorded names in the state. You should perform a name search before you submit your filing.

THE PURPOSE OF MISSOURI LLC

The purpose of your LLC must be stated in your formation documents. There is a provision allowing your to utilize general statement in standard language. Most businesses would do best to keep the language in the statement of purpose broad so your enterprise’s authority will not be restricted as it grows and changes over time.

DESIGNATED REGISTERED AGENT

The Missouri Limited Liability Company Act requires each MO LLC to officially have a designated registered agent, along with an address. Your registered agent has to be a person residing in Missouri, or a legal entity that was created or registered in the state. The address can differ from the principle address of the company.

MEMBER MANAGEMENT

A Missouri limited liability company member managed automatically. If you prefer your LLC to be manager managed, you must disclose this in the formation documents.

PERPETUAL DURATION

Duration is no longer the sensitive matter it once was because of tax issues. Since 1997, the IRS simplified LLC taxes and made no requirements relating to the LLCs life span. Because of this, Missouri and most other states now allow LLCs to have perpetual existence. However, you should know that Missouri requires a specific statement of duration in the filing documents.

FILING THE EFFECTIVE DATE

The Missouri Limited Liability Company Act also demands that an effective date be stated for the LLC in the filing. Most filers will pick the document processing date, but you may also select a date at some point in the future. Future dates must be no farther than 90 days from the submission date of the filing.