| In Missouri, the MO LLC is now the most popular | | | | that every registered entity have an officially |
| choice among entrepreneurs starting businesses in the | | | | designated registered agent and address. The |
| state. Over 30,000 limited liability companies are | | | | registered agent can be a person with a permanent |
| formed each year in this state. | | | | Missouri address, a domestic legal entity formed in the |
| Now, many attempt to form one only to find out that | | | | state or a foreign business that is properly registered in |
| their filing is defective in some way because it does | | | | the state. This address can be different from the |
| not meet the requirements of the Missouri Limited | | | | company's principal office address. |
| Liability Company Act. Even worse, others might be | | | | 4. MANAGEMENT, Section 347.039(4) |
| able to get a filing processed by the state but find out | | | | A MO LLC is member managed by default. If you |
| later there was something incomplete or noncompliant | | | | desire for your limited liability company to be manager |
| with MO LLC legal requirements. | | | | managed, this must be disclosed in the formation filing |
| You want to avoid any of these problems as they can | | | | documents. |
| cause you significant liability and problems later in your | | | | 5. DURATION, Section 347.037 |
| business life. This Article summarizes the 7 | | | | Duration used to be a sensitive matter due to tax |
| requirements for an LLC formation filing under Missouri | | | | reasons. But since 1997, the IRS made limited liability |
| LLC laws. | | | | corporation taxation more simple and most states |
| 1. MISSOURI LLC NAME REQUIREMENTS | | | | including Missouri now allow for this kind of legal entity |
| Section 347 sets forth specific requirement for a MO | | | | to have a perpetual life. Missouri requirements do |
| LLC name. For one it must include an LLC designation | | | | require a certain statement of duration in the |
| at the end and two it must be distinguishable from | | | | documents on record with the state. |
| other names of record with the state. Always perform | | | | 6. ORGANIZER |
| a name search prior to submitting a filing. | | | | In Missouri, the name and address of the organizer is |
| 2. PURPOSE OF MO LLC, Section 347.039(2) of the | | | | required to be set forth on the MO LLC filing |
| Act | | | | documents. This is a unique requirement not imposed |
| The formation documents must include a statement | | | | by most other states. |
| setting forth the LLC's purpose. Missouri state does | | | | 7. EFFECTIVE DATE |
| allow you to use a general statement provision and | | | | Finally, the Missouri Limited Liability Company Act |
| accepts a standard language provision here. It is | | | | requires that a stated effective date for the legal |
| advised for most business to keep this purpose broad | | | | entity be included in the filing. Most choose the same |
| so as not to limit the authority of your business as it | | | | day the documents are processed but you can |
| grows and evolves. | | | | choose a date in the future as long as it is no longer |
| 3. REGISTERED AGENT AND ADDRESS, Section | | | | than 90 days out from the filing submission date. |
| 347.030 of the Act | | | | Section 347.037. |
| The Missouri Limited Liability Company Act mandates | | | | |