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Insights

EINs

An Employer Identification Number (EIN) is a federal tax identifier issued by the IRS. Every new business needs an EIN to operate legally and establish financial credibility. This guide explains why EINs matter, how to apply, and what to prepare before starting the process.

Typical C-Corp Startup Incorporation Documents

Incorporating your startup is an important milestone, but it is only the first step toward building a fully functional company. After incorporation, several legal documents and governance measures are required to establish structure, protect intellectual property, and prepare for growth.

Where Should I Incorporate My Startup?

The state of incorporation is a critical decision that can significantly impact your startup's legal, financial, and operational landscape. This memo provides guidance on selecting the most appropriate jurisdiction for your business.

When Should I Incorporate My Startup?

When launching a new venture, one of the most critical decisions entrepreneurs face is determining the appropriate time to incorporate. This memo outlines key milestones that signal it's time to form a legal business entity.

General Counsel

How are taxes filed for a Multi-Member LLC?

Multi-Member LLCs must file IRS Form 1065 (partnership tax return) and provide Schedule K-1 forms to each member. Each member then reports profits or losses on their personal tax return.

Formation

Do I need an operating agreement for a Multi-Member LLC?

Yes. Even if your state does not legally require it, a written operating agreement is essential for outlining ownership, voting rights, profit distribution, and dispute resolution.

Formation

What is the difference between a Single-Member LLC and a Multi-Member LLC?

A Single-Member LLC has only one owner and is taxed as a disregarded entity by default, while a Multi-Member LLC has two or more owners and is taxed as a partnership unless corporate tax treatment is elected.

Formation

Can a Single Member LLC be converted to an S Corp?

Yes. You can elect S Corporation status for tax purposes by filing Form 2553 with the IRS.

General Counsel

Can I pay myself a salary from my Single Member LLC?

As an SMLLC taxed as a disregarded entity, you generally take owner’s draws instead of a salary. If you elect corporate tax treatment, you can pay yourself a salary.

Formation

Do I need an Operating Agreement for a Single Member LLC?

It’s not always required, but it’s strongly recommended to show business formalities and strengthen liability protection.

Formation

Is a Single Member LLC the same as a sole proprietorship?

No. While both are owned by one person, an SMLLC offers limited liability protection, unlike a sole proprietorship.

Formation

What is the difference between a PBC and a traditional C-Corp?

A PBC operates like a C-Corp but has a legal obligation to consider social and environmental impact alongside shareholder returns.

Formation

Can I convert my LLC to a C-Corp later?

Yes. Many startups begin as LLCs for simplicity and later convert to C-Corps to raise capital. However, conversions carry legal and tax implications. It’s usually easier and cheaper to start as a C-Corp if you know you’ll need it, but conversion is always an option.

Formation

What is the most flexible business structure for a small startup?

An LLC is often the most flexible option for early-stage businesses, offering pass-through taxation and fewer compliance requirements.

Subscriptions

How much does @VC Monthly Subscription cost?

Our subscription tiers range from $475 to $7,995/mo depending on your company's size, needs, stage, etc. Click here to see all our subscription tiers.

Subscriptions

How do I know which subscription level to choose?

We customize our monthly plans to suit your needs depending on your company's size, needs, stage, etc. Schedule a free consultation and we will find the best subscription tier for your business!

Subscriptions

How does @VC Monthly Subscription work?

All plans include on-demand communication and access to us and varying level of service depending on the subscription tier. Click here to see all our subscription tiers.

Subscriptions

What level of contact will I have with my attorney if I’m a @VirtualCounsel subscriber?

You have on-demand access to your attorney POC and the entire team via Slack, Basecamp, and email. Also, depending on your subscription tier, you will have a standing call set up either monthly or bi-weekly with your attorney POC. You may always call us ad hoc on top of our standing calls, but we’ve found that between the on-demand access and standing calls, you’ll be more than covered.

Subscriptions

How do I communicate with my lawyer?

With your @VC subscription, you will have unlimited access to your attorney POC and the entire team via Slack, Basecamp, and email. Also, depending on your subscription tier, you will have a standing call set up either monthly or bi-weekly with your attorney POC. You may always call us ad hoc on top of our standing calls, but we’ve found that between the unlimited access + standing calls that you’ll be more than covered.

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