EntityPath - Steps to Form LLC

How to Start an LLC in Any State

Forming an LLC is done at the state level by submitting a single document, typically called the Articles of Organization. In some states, this document may be referred to as the Certificate of Formation or Certificate of Organization. This form is filed with the state agency responsible for business registrations, which is usually the Secretary of State.

Regardless of what your state calls the formation document or the specific agency you file with, starting an LLC is a straightforward process. Here’s a step-by-step overview of how it works.

1. Name Your LLC

Before forming your LLC, you’ll need to choose a unique and legally compliant name for your business. Each state maintains an online database where you can check the availability of your desired name to ensure it's not already in use.

When selecting your LLC name, keep the following requirements in mind:

Uniqueness: The name must be distinguishable from existing businesses registered in your state.
Entity Identifier: It must include a business designation such as “LLC,” “L.L.C.,” or “Limited Liability Company.”
Restricted Words: Avoid using restricted or prohibited words (e.g., “Bank,” “Insurance,” “Corporation”) unless you meet specific legal requirements or licensing conditions.

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

2. Designate a Registered Agent

To form an LLC, every state requires you to appoint a registered agent—a designated individual or business entity responsible for receiving important legal and state correspondence on behalf of your LLC, including service of process, legal notices, and official government documents.

This requirement ensures that your business can be reliably contacted for time-sensitive matters. You must list your registered agent and their physical address (known as the registered office) on your LLC formation documents.

Your registered agent must meet the following criteria:

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 capable of receiving and promptly forwarding legal and official mail

You can choose to be your own registered agent, but doing so will make your name and address part of your LLC’s public record. To maintain privacy and ensure consistent availability, many business owners choose to hire a professional registered agent service.

Find everything you need to know about Registered Agent Service for your LLC.

3. Submit Articles of Organization

To officially form your LLC, file the Articles of Organization (also called Certificate of Formation in some states) with the Secretary of State. You’ll typically need to include your LLC name, registered agent, and a signature.

Each state has its own form and filing process. If you’re filing on your own, you can find state-specific forms and tools to help you complete and submit them.

4. Get an EIN

An Employer Identification Number (EIN) is like a Social Security number for your LLC. It’s required if your LLC will hire employees, open a business bank account, or file federal taxes.

You can apply for free through the IRS website using Form SS-4. The online application only takes a few minutes.

5. Write an Operating Agreement

An Operating Agreement outlines how your LLC is run—ownership, profit distribution, management structure, and more. It’s an internal document and doesn’t need to be filed with the state, but it’s essential for protecting your LLC’s legal status.

Whether you have a single-member or multi-member LLC, free templates are available to help you create one.

6. Open a Business Bank Account

To protect your personal assets and maintain your LLC’s limited liability, open a business bank account. This helps show a clear separation between you and your business.

You’ll typically need your Articles of Organization, Operating Agreement, and EIN. Some banks may also require an LLC resolution.

7. Fund the LLC

Your business bank account won’t be very useful if it’s empty—your new LLC needs to be properly funded with capital contributions. For example, if your business requires $10,000 to get started, each member contributes their share of that amount, using personal funds or assets, which are then deposited into the LLC’s bank account.

In return for their contributions, members receive a proportional percentage of ownership, called membership interest. These ownership percentages can be adjusted over time if members decide to contribute additional capital to the LLC.

Properly funding your LLC is important not only for day-to-day operations but also for establishing the financial foundation and ownership structure of your business.

8. File State Reports & Taxes

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

In some states, these reports are combined with other requirements. For example, Arkansas requires its annual report to be filed alongside an annual franchise tax payment. Other states like Washington and Nevada mandate an initial report shortly after your LLC is formed.

Additionally, every state has its own tax obligations for LLCs, which may include informational tax filings, franchise taxes, or other fees. Staying on top of these filings and payments is essential to keep your LLC compliant and avoid penalties.

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