Legal Question in Business Law in Maryland
LLC advice
If forming a LLC in Maryland, taxed as a pass-through, does the state dictate a required duration? What is the ball park figure for an attorney to set up the LLC, and what are the advantages to doing this rather than using an on-line service (created by Robert Shapiro himself!!)? Thanks.
3 Answers from Attorneys
Re: LLC advice
The state does not dictate a duration--you establish that in your charter. I typically charge $350 to meet with a client and draw up and file the charter. There are also filing fees of about $50. Any time you use a form you deprive yourself of flexibility in dealing with your particular situation, and you can't be sure the form complies with the laws of the state in which you plan to establish your LLC.
Re: LLC advice
The state does not dictate a duration. That is left up to you and your fellow members. The advantage of using a Maryland attorney is that your attorney will be familiar with Maryland LLC requirements. On-line forms may not take into account Maryland rules. In addition to the filing fee of $50, I charge $200 to set up your LLC including filing your articles of organization and drafting your bylaws. Take care and much success to you.
Re: LLC advice
Duration is one of the many aspects of an LLC that should be set out in your charter and is not always part of a form kit. So, in part, you answered your own question about the disadvantages of using a form.
Duration is not required to be addressed in the Charter.
Various other aspects of forming an LLC should be addressed and these vary in complexity based upon the intended application.
I charge $300 for a basic LLC charter; however, if there are specific matters or complexity that needs to be addressed, my fee may vary. My fee does not include SDAT filing fees. Also, please understand that my fee is based on a mail filing rather than over the counter service with SDAT. If you desire expedited service via in person filing then an additional fee applies.
Please take note that dealing with SDAT is often difficult since they are underfunded. As an attorney I have needed to assertively pursue matters to gain their attention.
As with forms and unless your intended LLC is rather uncomplicated, be wary of a flat fee by an attorney that is quoted without knowledge of the details since you are not likely to get the level of attention that you business needs require.
G. Joseph Holthaus
(410) 799-9002
P.O. Box 8078
Elkridge, Maryland 21075
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