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There are a couple of distinctions to make here, both practical and probable.

First, forming an LLC does not protect you from liability in and of itself. The idea of creating an LLC is to create a legal entity that is separate from yourself. However you still must act as if you are separate from the business by creating a separate bank account and using it for all business purchases, for example. If you form an LLC but then buy all your supplies and hosting with your personal credit card, in the eyes of the law you are a sole proprietorship.

Ideally this would be done early on, as there isn't much downside. However there is some. First, there are filing fees and a lot of times you must pay a representative for your business (especially if you are filing in a different state). Then if you want to dissolve your LLC, this can cost hundreds of dollars.

Practically speaking you won't get sued unless you're already successful. The reason is quite simple. If you don't have anything worth going after (assets, an insurance policy, etc.), no lawyer is going to take the case without charging sizable fees. For most people, paying an attorney out of principle isn't going to be a realistic option. Therefore, I would say it really depends on your business and the potential liability. If you are starting a company that catalogs baby pictures, your potential liability is probably pretty low. I wouldn't worry about filing for an LLC before I had a decent set of customers. If you are starting a company storing sensitive financial data, I'd definitely file for an LLC and probably take out a large insurance policy to boot (see how those are correlated?).



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