LLC Formation Process: A Step-by-Step Guide
Forming an LLC is simple. This guide walks you through each step, from choosing your state to receiving your formation documents.
Formation Overview
Here's a general overview of the LLC formation process:
- Choose the state where you want to form your LLC.
- Pick an LLC name and check its availability.
- Appoint a Registered Agent in your state.
- File your Articles of Organization with the state.
- Create an Operating Agreement.
- Obtain an EIN from the IRS.
The entire process can take anywhere from a few days to several weeks, depending on your state's processing times.
Note
You can form your LLC yourself or use a formation service. MakeLLC's LLC formation service handles the paperwork, provides Registered Agent services, and includes everything you need. Our services start at $300.
Step 1: Choose Your State
First, decide which state you want to form your LLC in. The general rule is to form your LLC in the state where you do business.
Exceptions:
- If you have no physical business presence, you can form an LLC online in any state (Wyoming is popular for its low cost and privacy).
- Foreign founders often choose Wyoming or Delaware.
- If you have VC-funded startups, you'll likely want to form in Delaware.
Step 2: Name Your LLC
Your LLC name must meet these requirements:
- Be unique in your chosen state (meaning it's not already in use by another registered business).
- Include a designator like "LLC," "L.L.C.," or "Limited Liability Company."
- Not be misleading (it can't imply you're a government agency or use restricted words like "Bank" without approval).
To check name availability, search your state's business database for existing names. Also consider checking domain name availability and conducting a trademark search for broader protection.
Start Your LLC Today
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