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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.

12 min

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

MakeLLC makes LLC formation simple and efficient. Get started now and focus on growing your business.