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COMPANY MAINTENANCE

Corporations and Limited Liability Companies are excellent tools for businesses. One of the most important features is that provides its owners with limited liability, in other words it protects your personal assets from the obligations arising from the Company.

For such a shield to work one must properly form the  Corporation or Limited Liability Company and then keep it in order (Compliance), complying with the formalities required by law after formation and year after year. Their no compliance could leave their owners personally exposed in court, liable to tax penalties and / or automatic dissolution of the company by the State.

PROTECTION SEAL 

Roberto Castro correctly formed his Construction Company in South Florida. His accountant kept all taxes up to date. The business was successful until one day he had the opportunity to participate in the bidding for a major project. To meet the requirements of the bidding he had to ask the state for a certificate that the company was in order. He was surprised that his company had been administratively dissolved two years ago for not reporting the Annual Report that the law requires, this cost him to lose his bid..

NOT MAINTAINING THE COMPANY IN COMPLIANCE CAN COST YOU THOUSANDS OF DOLLARS

Susan Tilson owns a successful public relations firm and had the opportunity to associate with the business of games for children with one of her customers. Unfortunately an accident causes this new company and its owners to be sued individually for defects of one of the games. Susan Tilson had to pay with her personal property because the court accepted the plaintiff's position that pierced the protection shield of the limited liability.

This was based on:

The Company hadn’t kept proper records.
The loans were not documented.
There were not minutes kept of meetings of the company
The judge found no distinction between members and the company.

ATTORNEYS FOR CREDITORS ARE EXPERTS ON BREAKING THE PROTECTIVE SHIELD PROVIDED BY CORPORATIONS AND LIMITED LIABILITY COMPANIES IN ORDER TO MAKE THEIR OWNERS RESPONSIBLE INDIVIDUALLY.

In general companies should take the following actions:

  • Complete all requirements of the initial meeting
  • Register companies actions in minutes
  • Formally issue the certificates (stocks)
  • Report to the state all the corresponding reports after initiation
  • Hold board meetings before taking certain actions
  • Present the required documents to the IRS
  • Report the Annual Report
  • Etc., etc., etc.

MAINTENANCE PROGRAM
For a low price of $200.00 annually Antonacci Incorporation Services, LLC offers you the preparation and registration (state fee not in included) of the ten most important documents needed for maintaining the company in compliance. From the following list and as you need you can start requesting the documents of your choice. Some of these documents need to be properly prepared and maintained in the Company’s book (this shows that at all moments that the company still exists and is in order). Other documents must also be properly registered with the State Department.

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Amendment to Articles of Organization (filed with state)
Operating agreement of the Limited Liability Company (in Company record book)

This document must be prepared and signed as soon as possible and must be kept in the Company record book. The Company doesn’t have the authorization to operated daily activities until this document has been signed.

Amendments to the operating agreement of the Limited Liability Company (in Company record book)
Minutes of the first meeting of the members (in company record book)
Minutes of the annual of the meetings (in company record book)
Member proxies (in company record book)
Limited Liability Company loans to members (in company record book)
Limited liability company pension profit-sharing plans (in the company record book)
Limited liability company insurance or health benefit plans (in company record book)
Articles of dissolution (filed with the state)

Organizational Meeting

This document must be prepared and signed as soon as possible and must be kept in the Company record book. The Company doesn’t have the authorization to operated daily activities until this document has been signed.

Annual Report
Minutes
Bylaws
Resolution
Modification
Reinstatement
Dissolution
Federal Tax ID number – EIN
S- Corporation election
DBA – fictitious business name or assumed name
Acceptance of director
Waiver of director meeting
Organizational resolutions
Appointment of additional officers
Acceptance of president
Acceptance of secretary
Acceptance of treasurer
Acceptance of vice president

Save money. Maintain your protection shield. Protect you assets!

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Antonacci Incorporation Services, LLC is a service company, it is not a law firm and do not give legal, accounting or financial advice. Antonacci Incorporation Services, LLC prepares and files basic corporate documents with government agencies, provides corporate kits, document search, retrieval services and the service of registered agent.