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Starting a business can be an exciting and rewarding experience. However, for those new to the process, registering a business might seem daunting. Fortunately, with the right guidance and resources, registering a business in Louisiana can be simple and manageable.
This guide offers a step-by-step approach to help you navigate the business registration process in Louisiana. Along the way, you’ll find valuable tips and resources to make the process even smoother.
Whether you’re launching a new venture or formalizing an existing one, this guide covers everything you need to know in seven straightforward steps.
Recognizing the challenges of business registration, we’ve also compiled a list of top services like Northwest Registered Agent to assist you throughout the entire process. Let’s work together to ensure your business is successfully registered in Louisiana!
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How to Register Your Business in Louisiana in 7 Simple Steps
When you comprehensively comprehend the necessary actions, registering your business in Louisiana can be a smooth process. To ensure that your business based in Louisiana is launched promptly, follow this expertly crafted 7-step guide.
Step 1: Select Your Business Structure
The optimal business framework for your enterprise in Louisiana hinges on the characteristics of your business and its growth aspirations. You have various options when choosing between incorporated or unincorporated business types. Let’s take a closer look at each structure and the corresponding obligations they entail.
It’s important to note that only certain business structures, particularly those requiring incorporation, require registration with the Louisiana Secretary of State.
Sole Proprietorship
In Louisiana, a Sole Proprietorship is the most straightforward form of business organization. Under the law, the owner and the business are seen as one entity. The proprietor assumes personal liability for any debts or obligations incurred by the business.
Setting up a Sole Proprietorship in Louisiana is relatively uncomplicated, with minimal legal and administrative obligations. While there’s no requirement to register a Sole Proprietorship with the state, obtaining permits or licenses at a local level may be necessary.
General Partnership
A General Partnership refers to a business that two or more individuals jointly own. In this type of arrangement, the partners share both the profits and losses. It’s important to note that each partner bears personal liability for any debts or legal obligations incurred by the business.
While there’s no requirement to register a General Partnership with the state of Louisiana, it may be necessary to file a “Louisiana Trade Name Certificate” in the specific parish where your business operates.
Limited Partnership (LP)
In Louisiana, a Limited Partnership comprises one or more primary partners responsible for overseeing the operations and accepting unrestricted personal accountability. Several limited partners provide financial contributions but have restricted liability. To establish a Limited Partnership in Louisiana, it’s necessary to submit a “Certificate of Limited Partnership” to the Secretary of State’s office.
Limited Liability Company (LLC)
A Limited Liability Company (LLC) is a versatile business entity that combines the liability protection of a Corporation with the tax advantages and ease of operation found in a partnership.
In Louisiana, it’s necessary to submit “Articles of Organization” to the Secretary of State and establish an Operating Agreement that outlines how the company will be managed and owned. This approach provides legal protection while simplifying taxation and administration processes.
Corporation
A Corporation is distinct from its shareholders and offers protection against limited liability in legal matters. Two types of Corporations exist in Louisiana:
- C-Corporations
- S-Corporations
To set up a company in Louisiana, you must submit “Articles of Incorporation” to the Louisiana Secretary of State. Corporations require additional formalities, such as drafting bylaws, issuing shares, and regularly meeting the board of directors and shareholders.
When selecting the most suitable business structure, consider liability protection, taxation obligations, and management requirements. If you need help making this decision, seek advice from a legal or business expert.
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Step 2: Select a Unique Business Name
Louisiana provides various options for naming your business. You can register a legal entity name, obtain a trademark, or use a different name while operating under a legal one. It’s crucial to remember that business naming regulations differ from state to state, so it’s essential to familiarize yourself with Louisiana’s specific requirements.
Similar to incorporating your business, selecting a name for your Louisiana-based business depends on the unique circumstances and needs of your entity.
While you can pursue all three options to ensure the exclusivity of your business name, it’s also possible to utilize just one method. While not mandatory, it’s recommended that you use the same name for each registration process.
Now, let’s delve into the specifics of each naming option in Louisiana:
Legal Entity Name
In Louisiana, it’s mandatory for businesses to register a unique legal entity name. This name serves as the official identification of the company according to state regulations. The purpose of having distinct entity names is to protect your business from any potential confusion with other entities that may have similar names.
The naming regulations in Louisiana also include guidelines regarding the use of company suffixes such as LLC, LP, or Corp. It’s important that the chosen name accurately represents the type of business being registered. To check if a particular name is available, you can make use of the database provided by the Louisiana Secretary of State.
Trademark
Trademark registration in Louisiana offers Intellectual Property protection for a business name or logo at a national level. To protect your name or logo, it’s essential to conduct a comprehensive search in the USPTO database to ensure it’s not already registered.
Registration of the trademark grants exclusivity and prevents others from using an identical or similar name or logo for similar goods or services, ensuring nationwide protection. It should be noted that obtaining a trademark does not automatically grant the right to use the name or logo in all situations.
Doing Business As (DBA)
In the state of Louisiana, businesses can register their company using an official name, even if they operate under a different name. This practice is known as a Doing Business As (DBA) name.
To establish a DBA in Louisiana, it’s necessary to file an Assumed Name Certificate with the county clerk’s office in the appropriate location where your business is based. While these names are subject to federal trademark laws, there’s no requirement for a DBA to be unique at the state level.
By understanding and considering these naming options, you can successfully register your business name in Louisiana and protect your brand identity.
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Step 3: Consider Taxes and Other Costs in Louisiana
In Louisiana, Limited Liability Companies (LLCs) are subject to pass-through taxation, where the LLC’s profits and losses are transferred to the individual members and reported on their personal tax returns. This setup exempts LLC members from self-employment tax on their business earnings, unlike Corporations.
Nevertheless, LLCs must still remit employer payroll taxes for any employee wages. These taxes are deducted from employee paychecks and forwarded to the government. LLCs must settle state and federal income taxes based on their generated profits.
The amount of taxes an LLC is liable for depends on various factors, such as profit levels, the number of employees in the organization, and prevailing state and federal tax rates. LLC owners should seek guidance from professional accountants or tax advisors to determine the extent of their respective tax obligations accurately.
Here are some additional details about the taxes that LLCs in Louisiana are required to pay:
- Employer payroll taxes: LLCs must deduct federal taxes from their employees’ wages. The percentage of tax withheld is 7.65% of the employee’s taxable earnings. In addition, the employee is responsible for contributing an additional 7.65% towards these taxes, resulting in a combined total tax rate of 15.3%.
- State income tax: LLCs must fulfill their obligation to pay state income tax on any earnings they generate. The specific amount of tax owed is contingent upon the LLC’s revenue and the prevailing state tax rates.
- Federal income tax: LLCs must fulfill their obligation of paying federal income tax on any earnings they generate. The specific amount of tax that needs to be paid will vary based on the LLC’s income and the prevailing federal tax rates.
Entrepreneurs in Louisiana can use online services like Northwest Registered Agent to easily complete the registration process. This highly regarded platform provides many solutions, including filing with the Secretary of State, obtaining an Employer Identification Number (EIN), and creating an operating agreement. BusinessRocket offers ongoing compliance support to help businesses stay in good standing with the state.
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Step 4: Register and Acquire Licenses and Permits in Louisiana
To register a business in Louisiana, acquiring the required licenses and permits is crucial. Here are the key requirements:
License and Permit Application
To participate in commercial activities that involve trading merchandise within Louisiana, it’s crucial to undergo the registration procedure with the Louisiana Department of Revenue (LDR) to guarantee adherence to sales tax guidelines.
Moreover, if your enterprise hires personnel, it’s obligatory to register with the LDR for employer withholding taxes. Fortunately, both categories of taxes, and other business taxes, can be registered electronically through the Business Registration page on the LDR website.
Employer Identification Number (EIN)
If your company has employees or is considered a separate entity for tax purposes, obtaining a federal Employer Identification Number (EIN) from the Internal Revenue Service (IRS) is essential. Even if an EIN isn’t required by law, having one can be advantageous for various business-related reasons.
Financial institutions usually ask for an EIN when setting up accounts in the company’s name. Other entities involved in your business transactions may also request an EIN to ensure smooth payment processing. The IRS website provides an online application for obtaining an EIN, and no fees are associated with filing.
Regulatory Licenses and Permits
A wide range of licenses and permits cover different aspects, including selling specific goods, offering specific services, environmental considerations, and agricultural practices. Various state agencies issue different regulatory licenses and permits. Entrepreneurs can utilize the geauxBIZ website managed by the Secretary of State (SOS) to create an online account and access a checklist for obtaining a business license.
To obtain information about local licenses and permits, it’s recommended that you visit the websites of the cities, parishes, or counties where business activities will take place.
Professional and Occupational Licenses
Individuals in various professional fields are required to obtain licenses. The state government’s website provides a detailed directory of professions and occupations that necessitate professional and occupational licenses.
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Step 5: Open a Bank Account for Your Business in Louisiana
After obtaining your EIN, it becomes imperative to initiate opening a business bank account in Louisiana.
The regulations that oversee LLPs, LLCs, and Corporations necessitate the establishment of a business bank account. However, sole proprietors and unincorporated partnerships aren’t obligated to keep separate personal and business accounts.
To open a business account for business registration in Louisiana, you must visit a local bank and complete the necessary paperwork. It’s recommended that you explore different banking options before finalizing your decision, considering factors such as rates and benefits offered by various institutions.
Whether you operate as a sole proprietor or an unincorporated partnership in Louisiana, it’s wise to maintain a dedicated company bank account to keep personal and business finances separate. This precautionary measure will help mitigate potential complexities should you choose to incorporate your business at some point in the future.
Step 6: Protect Your Intellectual Property in Louisiana
In Louisiana, businesses should consider protecting their valuable Intellectual Property (IP), depending on the nature of their venture.
Many companies strive to prevent others from illegally copying or using their names and logos. Whether your business deals with physical goods or provides services, you may want to safeguard the design of your products or any creative works you produce, such as writings, designs, or music.
Thankfully, in Louisiana, multiple options are available to achieve this goal. It’s highly beneficial to promptly initiate the required applications to prevent any unauthorized use of your IP.
Trademark
In the state of Louisiana, a trademark is defined as a distinctive symbol, phrase, word, or design that sets apart a particular product or service from others in the market.
Individuals or businesses must follow the registration process administered by the United States Patent and Trademark Office (USPTO) to obtain legal protection for their trademarks. Typically, this process takes around four to six months to complete. Once registered successfully, the trademark receives nationwide protection and enables legal action against any unauthorized usage.
Businesses registered in Louisiana can protect their trademarks by registering them with the USPTO. This safeguards their brand identity and reputation and provides them with legal remedies against any unauthorized use of their trademark.
Copyright
Copyright law in Louisiana safeguards original authorship works, including literary, dramatic, musical, artistic creations, and other intellectual works. This protection extends to various forms of expression, such as written content, software, web content, films, sound recordings, and images.
Once you create a new work in Louisiana, copyright protection is automatically granted to you as the creator. As the owner of exclusive rights to distribute, reproduce, and sell your v or create derivative works based on it. You have full legal authority over its use.
However, registering your copyright with the U.S. Copyright Office in Louisiana provides additional legal protection and serves as evidence of ownership. By registering your copyright, you strengthen the defense against infringement of your work and establish a means for enforcing your rights through legal proceedings if necessary.
Patent
When creating a new product or machinery in Louisiana, obtaining a patent is crucial. This legal document grants the inventor exclusive rights over their creation, preventing others from producing, selling, or importing the patented item for a specific period of time.
Obtaining a patent can be complex and time-consuming, often taking up to five years to complete. Therefore, it’s recommended that inventors begin the process as early as possible if they have an invention that’s truly unique and deserves protection. Patent applications must be submitted to the United States Patent and Trademark Office (USPTO).
Securing Intellectual Property rights in Louisiana safeguards your brand identity, products, and innovations. This ensures that your business maintains a competitive advantage and continues to grow.
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Step 7: Set Up Your Payment Infrastructure in Louisiana
To ensure the smooth functioning of your registered business in Louisiana, it’s essential to establish a dependable and convenient payment infrastructure that allows you to accept payments effortlessly.
Several payment processing services offer user-friendly interfaces and seamless integration with your website or Point-Of-Sale (POS) system. Square, Stripe, and PayPal are well-known options that provide flexibility and easy setup, allowing you to customize them according to your business objectives.
These payment processors allow you to accept various forms of payment, including credit and debit cards, ACH transfers, and digital wallets like Apple Pay and Google Pay.
By choosing a reliable payment processing service, you can offer your customers the convenience of paying through their preferred methods on a secure platform. This ensures a smooth and secure transaction experience for both you as the business owner and your valued clients.
To ensure compliance with Louisiana’s sales tax regulations, it’s crucial to select a payment processor and obtain a Louisiana Sales and Use Tax Permit from the state’s Department of Revenue. This permit permits you to collect sales tax on taxable products and services.
By establishing your payment system in Louisiana, you can effectively cater to customers and generate income while remaining compliant with the law. This proactive approach will position your business for success.
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Top 6 Business Registration Services for Louisiana Entrepreneurs
Louisiana entrepreneurs have access to a range of reputable business registration services that can provide assistance and support in establishing their businesses. These services offer various solutions to help with compliance and ensure adherence to both state and federal regulations.
Outlined below are some of the best business registration services specifically designed for Louisiana entrepreneurs:
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Northwest Registered Agent is a reputable online service that focuses on assisting businesses with their registered agent services, compliance management, and document filing needs. They have built a strong reputation for their high-quality services and outstanding customer support.
Northwest Registered Agent that provides personalized assistance to help businesses stay compliant with state and federal regulations. They offer various business formation services for LLCs, Corporations, and Nonprofits.
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Tailor Brands is a digital platform specializing in helping businesses develop a unified and polished brand image. They provide various branding options, including logo design, business card creation, and social media branding.
Tailor Brands offers an array of design tools and resources that empower businesses to personalize and create unique branded materials. While it’s not a conventional business registration service, Tailor Brands supports companies in establishing a professional brand presence that effectively attracts customers.
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BusinessRocket is an innovative digital platform that provides vital solutions for registering a business in Louisiana. Utilizing its intuitive interface and expert assistance, BusinessRocket streamlines the entire procedure, starting from choosing the suitable business framework to completing all required documentation and acquiring the necessary licenses.
By offering personalized options designed to meet each client’s unique requirements, this platform guarantees effectiveness, affordability, and adherence to state regulations. Through its user-friendly tools and comprehensive resources, BusinessRocket empowers aspiring entrepreneurs to confidently establish their ventures while entrusting administrative responsibilities to experienced professionals.
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ZenBusiness is a digital platform that focuses on assisting with business registration, offering services such as creating businesses, registered agent assistance, filing annual reports, and more. They provide reasonably priced options and complete packages that come with personalized help and tools to support businesses in maintaining legal compliance while promoting growth.
With its easy-to-navigate website and simplified registration process, ZenBusiness makes it simple for entrepreneurs to register their businesses in Louisiana without any hassle.
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Swyft Filings is a well-known LLC service for registering businesses, offering efficient and smooth business formation services such as LLC formation, incorporation, and compliance. Their assistance and resources are tailored to individual needs, empowering businesses to navigate the process of formation while ensuring adherence to state and federal regulations.
Swyft Filings takes pride in its user-friendly website design and affordable pricing options, making it easier for entrepreneurs in Louisiana to register their businesses.
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Bizee (Previously Incfile)
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Bizee is a digital platform specializing in assisting businesses with registering. They provide various affordable and efficient services for forming new businesses, such as registered agent assistance, compliance management, and document filing.
With Bizee’s intuitive interface, entrepreneurs can easily navigate the business registration process without complications. Bizee offers ongoing support and valuable resources to ensure businesses comply with regulations while promoting growth.
Entrepreneurs based in Louisiana should carefully evaluate each business registration service Bizee offers. By conducting thorough research and comparing these services, Louisiana entrepreneurs can find the best fit for their specific needs. This will ultimately streamline the registration process and make it more convenient and effective for them.
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Business Registration Laws in Louisiana
The Louisiana Secretary of State’s office oversees business registration laws in Louisiana. Registering a business in Louisiana entails fulfilling various steps and meeting specific requirements. Here are some key points to consider:
- Business Structure: Choose the appropriate legal framework for your business. Popular choices include being a sole proprietor, forming a partnership, setting up a Limited Liability Company (LLC), or establishing a Corporation. Each structure has its own unique obligations and consequences regarding taxes, liability, and management.
- Business Name: When naming your business in Louisiana, it’s important to choose a distinctive name that follows the state’s naming regulations. Ensure the name you select isn’t misleadingly similar to any existing business names, and remember that certain words might need extra approval or licensing.
- Articles of Incorporation/Organization: To successfully establish your business, you will be required to submit the necessary paperwork to the Secretary of State’s office, depending on the chosen business structure. For instance, LLCs are obligated to file Articles of Organization, whereas Corporations need to file Articles of Incorporation. These documents generally consist of details such as the company name, registered agent, purpose, and management framework.
- Registered Agent: Choose a registered agent who will receive legal documents and official notifications on behalf of the company. The registered agent needs to be physically located in Louisiana.
- Employer Identification Number (EIN): Get an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This identification number is used for federal tax and is necessary for most businesses.
- Licenses and Permits: Depending on the type of business you operate, you may need to acquire certain licenses and permits from state and local government agencies. The specific requirements for these documents will depend on factors such as your industry, location, and business activities. The Louisiana Secretary of State’s official website is a valuable resource for learning about the necessary licensing and permitting procedures tailored to various types of businesses.
- State and Local Taxes: If your business is subject to state and local taxes, like sales tax, make sure to register for them. The Louisiana Department of Revenue is responsible for managing tax-related issues and can provide you with the necessary information on requirements.
- Additional Considerations: Depending on the nature of your business operations, you might be obligated to adhere to supplementary regulations and prerequisites. For instance, if you intend to recruit staff members, it will be necessary for you to complete the registration process for state and federal payroll taxes, as well as secure workers’ compensation insurance and unemployment insurance.
Please keep in mind that the particular demands and processes may differ based on the nature of your business, its location, and other variables. It’s advisable to seek advice from a lawyer or qualified business expert to guarantee adherence to all relevant laws and regulations.
Moreover, referring to the official websites of the Louisiana Secretary of State’s office and the Louisiana Department of Revenue can offer more thorough and current information about registering a business in the state.
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Alternative Business Registration Methods in Louisiana
In Louisiana, businesses typically register through the Louisiana Secretary of State’s office, but there are also other options for business registration. Here are a few options:
Online Registration
The online platform offered by the Louisiana Secretary of State’s office, known as geauxBIZ, is a convenient and efficient solution for businesses to register online. With geauxBIZ, there’s no longer a need for physical paperwork. You can easily access this platform through the Secretary of State’s website.
Professional Assistance
If you need assistance with the registration process, you can hire a lawyer or a business formation service. These experts are well-versed in handling business registrations and will ensure that all the required documents and criteria are fulfilled.
Business Incubators and Accelerators
Several business incubators and accelerators in Louisiana provide resources and assistance to startups and entrepreneurs. As part of their program, these organizations can help with the registration process for your business. Moreover, they offer valuable guidance, mentorship, and networking opportunities to foster your company’s growth.
It’s crucial to acknowledge that although these alternative approaches can simplify registration procedures, compliance with all legal requirements and regulations in Louisiana remains imperative.
Ensure you thoroughly research and comprehend the specific prerequisites for your particular type of business. Consulting professionals or official government sources are highly recommended for accurate information.
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Benefits of Registering Your Business in Louisiana
By registering your business in Louisiana, you gain access to numerous advantages that can facilitate establishing a robust presence and flourishing operations within the state. Here are some key advantages:
- Legal Protection: Registering your business as a legitimate organization, like an LLC or Corporation, can safeguard you from personal liability. This ensures that your personal assets are distinct from any financial obligations incurred by your business, mitigating the potential risk to your own finances.
- Credibility and Professionalism: Adding your business to the registry increases your credibility and professionalism. Many customers, clients, and partners prefer to work with registered entities because it shows that you’re dedicated to your business and follow legal obligations.
- Access to Funding: Registered businesses may find it more convenient to secure funding from banks, investors, and other sources of financing. Lenders and investors generally favor working with registered businesses due to their enhanced stability and legal safeguards.
- Name Protection: By registering your business in Louisiana, you can safeguard your chosen name and prevent its unauthorized use. This not only protects your brand’s identity but also avoids any potential confusion among customers.
- Perpetual Existence: Registered entities possess an everlasting existence, indicating that the business can persist even if the owners modify or depart. This offers stability and consistency, which is crucial for strategic long-term business management.
- Tax Benefits: Registering a business in Louisiana can provide tax advantages depending on the structure of your business. For instance, pass-through taxation is a benefit for LLCs, allowing the owners to report the profits and losses on their tax returns. This could lead to a decrease in overall tax liability.
- Access to Government Contracts and Incentives: By registering your business, you gain the ability to engage in government contracts and benefit from a range of incentives, grants, and programs that are available through the state of Louisiana. These opportunities can offer supplementary income sources and assistance for expanding your business.
- Networking and Resources: Registering your business unlocks a world of business networks, industry associations, and state-provided resources. These connections have the potential to offer priceless guidance, mentorship, and chances for fruitful collaboration.
- Employee Recruitment: Having official registration for your business can increase your capability to attract talented individuals. Numerous individuals seeking employment prefer working for well-established and legally adherent organizations, which can assist you in forming a highly skilled workforce.
- Expansion Opportunities: If you intend to grow your business outside Louisiana, establishing a
- registered entity can simplify operations in other states or even internationally. This ensures a strong legal structure and aids in adhering to different regulations.
When you register your business in Louisiana, it’s crucial to remember that although there are advantages associated with this process, seeking guidance from legal and financial experts is highly recommended. They can comprehensively understand the specific benefits and obligations that align with your business type and objectives.
Are Businesses in Louisiana Required to Register?
Indeed, it’s generally necessary for businesses in Louisiana to undergo registration with the state. The registration process varies depending on factors such as the type of business entity, the particular characteristics of the business, and other pertinent considerations.
Some common registrations include acquiring a Louisiana Sales and Use Tax Permit, registering either a Louisiana Limited Liability Company (LLC) or Corporation, and obtaining professional licenses or permits relevant to specific industries.
To avoid potential legal and financial consequences, it’s crucial to conduct thorough research into your own business’s unique requirements and ensure full compliance with all applicable registration obligations.
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How to Register Your Business in Louisiana – Frequently Asked Questions
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Bottom Line on How to Register Your Business in Louisiana
Registering your business in Louisiana is essential to ensure compliance with state laws and regulations. While the process may seem daunting, following the necessary steps and meeting all requirements can provide a solid foundation for your venture.
Start by choosing a business name and legal structure that meets the Louisiana Secretary of State’s standards. Be sure to complete all required paperwork and obtain any industry-specific licenses and permits needed for your business.
To simplify the process and ensure full compliance, consider using a business registration service like Northwest Registered Agent. Properly registering your business in Louisiana can help you avoid future legal and financial challenges, setting you up for long-term success.
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