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An LLC (Limited Liability Company) combines the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. The LLC has become an increasingly popular choice for business formations.
LLCs can be formed in any state; and, while there are similarities in the laws across all states, each state has its own nuances. Missouri is no exception. Knowing the specific requirements of Missouri LLC formation can help you decide whether to form your LLC there and can simplify the organization process.
Your Missouri LLC’s name must include the words "Limited Liability Company" or "Limited Company" or the abbreviations "LC," "LLC" or "L.L.C." Your LLC’s name can’t have any word or phrase indicating or implying the LLC is a governmental agency or that it is organized for a purpose not authorized by its Articles of Organization in Missouri. And the name must be distinguishable from the name of any domestic or foreign-qualified LLC, corporation, limited partnership, limited liability partnership, limited liability limited partnership or reserved or registered name on the Secretary of State’s records.
When forming an LLC in the state of Missouri, be aware of the following requirements for the members and managers:
A Missouri LLC is formed by filing Articles of Organization* and paying the state-required fee. The information required in the formation document varies by state. Missouri requires, among other things:
*Note that a Certificate of Formation is the documentation required for forming an LLC in Missouri. If you were to form a corporation, you would file “Articles of Incorporation” with the Missouri Secretary of State instead.
With a Missouri LLC, you must list the name and address of a Registered Agent with a physical address in Missouri—post office box addresses are not permitted. Your LLC’s Registered Agent is the LLC’s agent upon whom any process, notice or demand can be served.
Missouri does allow an individual who meets certain state requirements (such as being a resident of Missouri) to act as the Registered Agent for an LLC. However, acting as Registered Agent comes with major responsibilities. An individual must be able to keep up with the state’s business entity and compliance rules and ensure that the LLC takes all required compliance actions. Failure to carry out these duties can negatively impact your Missouri LLC, including a possible loss of good standing status.
Missouri does not have specific statutory provisions for a professional limited liability company (PLLC). However, professionals may operate as an LLC.
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