Step-by-step guide to starting a limited liability company (LLC).
A limited liability company ( LLC for curtly ) is a way to legally social organization a occupation. It combines the limited indebtedness of a corporation with the tractability and lack of formalities provided by a partnership or sole proprietorship. Any commercial enterprise owner who seeks to limit his or her personal liability for business debts and lawsuits should consider forming an LLC .
here are the steps you need to take to start a limited liability company ( LLC ) in any state. For information on how to set up an LLC in your state, see the 50-State Guide to Forming an LLC .
Steps to Start an LLC
Reading: How to Start an LLC
1. How Do I Choose a Name for My LLC?
The name of your LLC must comply with your state ‘s rules. While these rules differ, most states require :
- that your LLC’s name end with an LLC designator, such as Limited Liability Company or Limited Company, or an abbreviation of one of these phrases, and
- that the name is not the same as the name of another LLC or business entity already registered with your state.
much, for a small fee, you can reserve your LLC name for a short period of meter until you file your articles of organization .
2. How Do I Form an LLC?
To start your LLC, you must file articles of constitution with your state ‘s bodied file office, frequently the Secretary of State. Some states ( including Delaware, Mississippi, New Hampshire, New Jersey, and Washington ) use the terminus “ certificate of constitution ” rather. Two other states ( Massachusetts and Pennsylvania ) call the document a “ certificate of arrangement. ” To learn about the specific requirements of forming an LLC in your state, choose your state from the list below :
You can normally complete the articles of organization on-line or by using a shape available on your Secretary of State ‘s web site. You ‘ll need your LLC ‘s list, the name and address of its register agent, and early basic data, like how it will be managed or the names of the LLC owners. You ‘ll have to pay a filing tip when you submit the articles. In most states, the fees are humble – typically around $ 100 .
3. What Are the Registered Agent Requirements?
LLCs are required to have a registered agent. This is an individual or company that agrees to accept legal papers on behalf of the LLC if person sues the company. The cross-file agentive role must have a physical street address in the state of matter where the LLC is registered. Most states maintain a number of secret service companies ( commercial registered agents ) that will act as agent for servicing of work for a fee. An LLC extremity can act as register agent for the LLC .
4. Should My LLC Be Member Managed or Manager Managed?
Most small LLCs choose to be managed directly by their members, but LLCs can appoint one or more people ( outsiders ) to manage the LLC – slightly like a board of directors oversees a corporation. Managers vote on cardinal issues such as taking out a loanword, purchasing real estate, or changing strategic plans .
5. How Do I Create an LLC Operating Agreement?
even though most states do n’t require it, you should create an operate agreement while setting up your LLC. This is an inner document that establishes how your LLC will be run, including how the LLC will be managed. In the absence of an function agreement, country law will govern how your LLC operates.
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6. What Are the Tax and Regulatory Requirements?
extra tax and regulative requirements may apply to your LLC. These include :
EIN: If your LLC has more than one member, it must obtain its own IRS Employer Identification Number ( EIN ), even if it has no employees. If you start a uninominal LLC, you must obtain an EIN merely if the LLC will have employees or you elect to have it taxed as a pot rather of a sole proprietorship ( disregarded entity ). You may obtain an EIN by completing an on-line EIN application on the IRS web site .
Business Licenses: Depending on its type of business and where it is located, your LLC may need to obtain other local and submit commercial enterprise licenses. Check with the appropriate department of state agencies to ensure you are properly registered, licensed, and permitted to do business in your submit .
Sales and Employer Taxes: In some cases ( for example if you will be selling goods and collecting sales tax or if you have employees ), you ‘ll need to register with the appropriate submit taxing authority. For more information on LLC tax registration rules, see LLC Tax and Annual Filings Requirements : 50 State Guide.
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7. How Do I File Annual Reports?
many states require LLCs to file an annual report with a filing fee. In some states, these fees can be significant – a high as $ 800 per year in California. See LLC Tax and Annual Filings Requirements : 50 State Guide to find out the rules in your state .
8. Can My LLC Do Business in Other States?
To do commercial enterprise in a state other than the state where you formed your LLC, you will need to register your LLC in that state and appoint a register agent for service of process. For more information on out-of-state or foreign LLC adjustment requirements, see the 50-State Guide to Qualifying Your LLC to Do Business in Another State .