How to Start an LLC in Any State

Forming an LLC is a state-level process that typically involves submitting a single document, usually called the Articles of Organization. Depending on the state, this document may also be referred to as a Certificate of Formation or Certificate of Organization. It is filed with the state agency responsible for business registrations, most often the Secretary of State.

No matter what your state calls the formation document or which agency handles it, starting an LLC is a straightforward process. Here’s a step-by-step overview to guide you through forming your LLC efficiently and correctly.

1. Name Your LLC

The first step in forming your LLC is choosing a unique and legally compliant name for your business. Each state has an online database where you can check if your desired name is available and ensure it’s not already in use.

When picking your LLC name, keep these key rules in mind:

Uniqueness: Your name must be distinguishable from other businesses registered in your state.
Entity Identifier: Include a business designation such as “LLC,” “L.L.C.,” or “Limited Liability Company.”
Restricted Words: Avoid using words like “Bank,” “Insurance,” or “Corporation” unless you meet special licensing or legal requirements.

Once you’ve confirmed your name is available and compliant, you’re ready to move on to the next step in forming your LLC.

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2. Designate a Registered Agent

Every LLC is required by law to appoint a registered agent—an individual or business entity responsible for receiving important legal and state documents on behalf of your company. This includes service of process, official government notices, and other time-sensitive correspondence.

Appointing a registered agent ensures your business can be reliably contacted for important matters. You must list your registered agent and their physical address (called the registered office) on your LLC formation documents.

Registered Agent Requirements

Your registered agent must:

Be available during normal business hours
Have a physical address in the state where your LLC is formed (P.O. boxes are not allowed)
Be able to receive and promptly forward legal and official mail

Options for Choosing a Registered Agent

Act as your own agent: You can serve as your LLC’s registered agent, but your name and address will appear in public records.
Hire a professional service: Many business owners choose a professional registered agent service to maintain privacy and ensure reliable, consistent availability.

For businesses forming an LLC, professional services like Registered Agents Inc. provide an easy, dependable way to meet this requirement.

3. Submit Articles of Organization

To officially create your LLC, you need to file the Articles of Organization (sometimes called the Certificate of Formation in certain states) with your Secretary of State or the equivalent state business agency.

At minimum, this document typically includes:

Your LLC name
Your registered agent’s information
Signatures of the LLC members or organizers

Filing Tips

Each state has its own forms and submission process.
You can usually file online or by mail, depending on your state.
Many states provide step-by-step instructions and tools to help you complete the filing correctly.

Filing the Articles of Organization is the official step that legally establishes your LLC. For a smoother process, consider using a professional service like Registered Agents Inc., which can handle the filing accurately and efficiently.

4. Get an EIN

An Employer Identification Number (EIN) is like a Social Security number for your LLC. It identifies your business for federal tax purposes and is required if your LLC will:

Hire employees
Open a business bank account
File federal taxes

How to Get an EIN

You can apply for free directly through the IRS website using Form SS-4.
The online application is quick and usually only takes a few minutes.
Once approved, your EIN is effective immediately and can be used to open accounts, file taxes, and hire employees.

Obtaining an EIN is a simple but essential step to getting your LLC fully operational.

5. Write an Operating Agreement

An Operating Agreement is an internal document that outlines how your LLC will operate. It covers important details such as:

Ownership percentages
Profit and loss distribution
Management structure and decision-making
Roles and responsibilities of members

Why It’s Important

While most states do not require you to file an Operating Agreement, having one is highly recommended. It helps:

Protect your LLC’s legal status
Prevent misunderstandings among members
Provide a clear roadmap for running your business

Whether you have a single-member or multi-member LLC, free templates are available to help you create a comprehensive Operating Agreement tailored to your needs.

Using an Operating Agreement ensures your business runs smoothly and legally from day one.

6. Open a Business Bank Account

To protect your personal assets and maintain your LLC’s limited liability, it’s important to open a dedicated business bank account. Keeping your business finances separate from your personal finances not only simplifies accounting but also strengthens your legal protections.

What You’ll Need

Most banks will require the following documents:

Articles of Organization (or Certificate of Formation)
Operating Agreement
EIN (Employer Identification Number)
LLC Resolution (required by some banks, especially for multi-member LLCs)

Opening a business bank account ensures your LLC is properly organized financially and makes it easier to manage expenses, payments, and taxes.

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7. Fund the LLC

Your business bank account won’t be very useful if it’s empty. To get your LLC up and running, it needs to be properly funded with capital contributions.

For example, if your business requires $5,000 to start, each member contributes their share of that amount using personal funds or assets, which are then deposited into the LLC’s bank account.

Membership Interests

In exchange for their contributions, members receive a proportional ownership percentage, known as membership interest. These percentages can be adjusted over time if members make additional contributions to the LLC.

Properly funding your LLC is crucial for:

Day-to-day operations
Establishing the financial foundation of your business
Defining the ownership structure among members

A well-funded LLC sets your business up for long-term success and clear financial management.

8. File State Reports & Taxes

After forming your LLC, most states require you to periodically update or confirm your company information through filings such as annual or biennial reports. These filings help keep your LLC in good standing with the state.

State Filing Requirements

Some states combine these reports with other obligations. For example:

- Arkansas requires the annual report to be filed with the annual franchise tax payment.
- Washington and Nevada mandate an initial report shortly after your LLC is formed.

Tax Obligations

Each state has its own tax rules for LLCs, which may include:

- Informational tax filings
- Franchise taxes
- Other state-specific fees

Staying on top of these reports and tax obligations is essential to maintain compliance and avoid penalties. Many business owners find it helpful to use a registered agent service like Registered Agents Inc., which can help manage these ongoing filings efficiently.

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