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Week 5: Form Your Publishing LLC

⏱️ Block 2 · Entities · 2-3 hours prep + 7-14 days state processing

🎯 Week Goal

Legally form your Publishing LLC — the parent company of your entire music business — with proper structure to protect personal assets and establish legal entity status.

📌 Learning Objectives

  • Explain the legal benefits of an LLC over a sole proprietorship
  • Distinguish member-managed vs. manager-managed LLCs
  • Complete Articles of Organization with your Secretary of State
  • Choose between a professional registered agent and self-registration

🍹 The Lemonade Stand

Sole proprietor = selling lemonade from your front yard. LLC = opening an actual lemonade store. Same lemonade — completely different protection and credibility.

🚨 CRITICAL WARNING

DO NOT let ASCAP or BMI register your publishing company for you. They will use your Social Security Number to create a DBA — not a proper LLC. Register with your Secretary of State FIRST using your own filing, then bring the LLC to your PRO in Week 11.

⚖️ Member-Managed vs. Manager-Managed

AspectMember-ManagedManager-Managed
Who runs it?All members collectivelyDesignated manager(s)
Decision makingAll members must agree/voteManager decides independently
Contract signingAll members sign togetherManager signs alone
Best forEqual partnershipsSingle owner or clear leadership
Most studentsRarely used✅ Recommended

📝 Step-by-Step Instructions

  1. Verify your name is still available (Week 3 research); include "LLC" or "Limited Liability Company" in the legal name
  2. Gather required information — business name, virtual address (Week 4), NAICS code (Week 4), registered agent decision, member info, business purpose
  3. Choose registered agent option
    • Option A — Professional agent ($25-200/yr): keeps your name off public record, mail forwarding, more privacy (Northwest Registered Agent, Incfile, LegalZoom)
    • Option B — Yourself ($0): saves money, but your name appears on public record and you must be available 9-5 M-F at the listed address
  4. Access your state's LLC filing system — Secretary of State website → "Form an LLC" / "Articles of Organization"
  5. Complete Articles of Organization
    • LLC Name: your publishing company name with LLC designation
    • Principal Address: your VIRTUAL business address (not the agent's!)
    • Management Structure: Manager-Managed; list yourself
    • Business Purpose: "Music publishing, record production and distribution, and any lawful business"
  6. Select processing speed — Standard 7-14 days ($50-300 by state) · Expedited 2-5 days (+$50-100) · Same-day (+$100-200)
  7. Pay, submit, and save the confirmation number and application PDF
  8. When approved, save your Certificate of Organization — multiple copies, note the official formation date

🛡️ Maintaining Your Corporate Veil

✅ DO: use your business address for all business matters · sign contracts as "Your Name, Manager of [LLC Name]" · keep finances completely separate · register copyrights with the LLC as claimant · file annual reports.

❌ DON'T: mix personal and business funds · sign with just your name · use your home address on business documents · pay personal expenses from the business account.

🏆 Lowest Cost States
$50-100

Kentucky, Mississippi, New Mexico, Arizona

💰 Average States
$100-200

Most states incl. Florida, Georgia, Texas

💎 Higher Cost States
$200-500

California, Massachusetts, Illinois

✍️ LLC Formation Worksheet

🔗 Essential Resources

✅ Week 5 Checklist

Check off each item as you complete it.

  • I verified my publishing name and gathered all required information
  • I made an informed registered agent decision
  • I filed Articles of Organization as Manager-Managed with my virtual address
  • I saved my confirmation number and application PDF
  • I did NOT let a PRO create my publishing entity
  • Certificate of Organization received and stored (check when it arrives)
📎 Submit: Copy of your filed Articles of Organization or state confirmation.

🖨️ Print My Week 5 Report (for Canvas upload)

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