I am a CC director. I am not sure what is the best option when it comes to register our community. A LLC or as a Sole Proprietor? Thank you so much for your help.
Maria
Maria,
By default, if you are the only owner of your business, you are a sole proprietor. You could consider adding LLC status to your sole proprietorship business if you want the limited liability protections that LLC status offers.
The reason that most businesses use the LLC structure is for limited liability. That means the liability is limited to your business and its assets and not your personal assets. I organized my own sole proprietorship accounting practice as an LLC because I wanted limited liability and protection of my personal assets. LLC status can be added to your sole proprietorship business at any time. I ran my accounting business for 3 years and then added LLC status.
I recommend that you read up on LLC status (an article I wrote for authors, but applies to all businesses), how to get it, maintain it (there are things you should do like not co-mingle funds and sign contracts in the name of the LLC, etc) , and what is required in your state regarding fees and reports. Some states charge a one-time fee, some charge a yearly fee and annual reports.
My new ebook for CC Directors answers the most common questions I am asked by CC Directors about running a business including LLC status!
Since this is a website mainly for homeschool nonprofit organizations, I will add this note:
For a nonprofit organization, such as most homeschool groups, I typically do not recommend LLC status since nonprofit corporation status in your state brings similar protections of limited liability.
Here is a podcast episode where I discuss Should Your Homeschool Group Be An LLC?
But Maria is asking about LLC status for her for-profit business, not a nonprofit organization, and my advice to her may be very different from my advice to a nonprofit organization.
I am not an attorney, nor am I offering legal advice. I recommend that you seek legal counsel if you have additional questions about Limited Liability Company status.
Is there a place where you answer Maria’s question about advice on establishing an LLC for a nonprofit business? I assume you are very knowledgeable about CC’s business model. Can a CC director be a non profit organization since many do this for God’s glory and do not make a profit?
Christopher,
Establishing an LLC for a nonprofit organization is a complex situation. Most nonprofits are nonprofit corporations, not LLCs. A nonprofit LLC is usually a subdivision under and existing nonprofit corporation.
But a CC Community can be reorganized from a for-profit business to a nonprofit organization with a board, bylaws, nonprofit incorporation, etc. A Director cannot “be” a nonprofit on her own. It takes a team, a board of directors, to correctly start a nonprofit organization.
I explain this in my webinar on Creating a Nonprofit for Your Homeschool Community. It will answer a lot of your questions about converting from a for-profit business to a nonprofit organization.
Create a Nonprofit webinar recording