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How to Get an LLC: A Step-by-Step Entrepreneurship Guide

Forming an LLC is a straightforward process, but it requires careful attention to detail to ensure compliance with state laws. The first step is choosing a unique and compliant business name. Most states require that your LLC’s name includes “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.” You’ll also need to verify that your desired name isn’t already in use by checking your state’s business name database. Once you’ve selected a name, the next step is filing the Articles of Organization with your state’s Secretary of State office. This document officially registers your LLC and includes basic information such as the business name, address, and registered agent details.

Choosing a Registered Agent
A registered agent is a person or entity responsible for receiving legal documents on behalf of your LLC. This can be you, another member of the LLC, or a professional registered agent service. The agent must have a physical address in the state where your LLC is registered and be available during standard business hours. Hiring a professional registered agent service ensures compliance and privacy, as their address is used on public records instead of your personal or business address.

Filing the Articles of Organization
The Articles of Organization is the foundational document for your LLC. Filing fees vary by state, typically ranging from $50 to $500. Some states also require additional documents, such as an operating agreement or publication requirements. For example, New York requires new LLCs to publish a notice in two newspapers for six weeks. Be sure to check your state’s specific requirements to avoid delays or penalties.

Creating an Operating Agreement
While not always legally required, an operating agreement is a critical internal document that outlines the ownership structure, management roles, and operating procedures of your LLC. It helps prevent disputes among members and provides clarity on profit distribution, voting rights, and dissolution procedures. Even single-member LLCs benefit from having an operating agreement to reinforce the separation between personal and business assets.

Obtaining an Employer Identification Number (EIN)
An EIN, also known as a Federal Tax Identification Number, is required for LLCs with employees or those electing to be taxed as a corporation. You can obtain an EIN for free from the IRS website. This number is used for tax filings, opening business bank accounts, and hiring employees. Even if your LLC doesn’t have employees, having an EIN can help establish business credit and simplify financial transactions.

Comparison of LLC Formation Services

Service	Price Range	Features	Turnaround Time
LegalZoom	$79 – $349	Name availability check, registered agent service, operating agreement template	7-30 days
Incfile	$0 – $299	Free basic filing, registered agent service for first year, compliance alerts	5-20 days
Northwest Registered Agent	$225 – $325	Privacy protection, lifetime customer support, compliance tracking	7-15 days

Complying with State and Local Requirements
After forming your LLC, you may need to obtain business licenses or permits depending on your industry and location. These can include general business licenses, professional licenses, or health permits. Additionally, some cities or counties require a separate business registration. Check with your local government offices to ensure full compliance. Annual reporting and franchise taxes are also common requirements to maintain your LLC’s good standing.

Opening a Business Bank Account
Separating personal and business finances is essential for maintaining liability protection. Most banks require your LLC’s EIN, Articles of Organization, and operating agreement to open a business account. Look for accounts with low fees, online banking options, and integration with accounting software. Establishing a business credit history early can help secure loans or credit lines in the future.

Maintaining Your LLC
Keeping your LLC in good standing involves filing annual reports, paying required fees, and updating any changes to your business information. Failure to comply can result in penalties or dissolution of your LLC. Consider using compliance software or hiring a professional service to track deadlines and requirements. Regularly reviewing your operating agreement and updating it as your business grows ensures continued alignment with your goals.

References

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