How to Start an LLC: 7 Simple Steps Is All You Need


How to Start an LLC: 7 Simple Steps Is All You Need

Are you prepared to make money out of your hobby? Forming an LLC is a common and useful strategy for separating business and personal finances.

So how do you even start? We’ll walk you through the steps of forming an LLC, from selecting a name to submitting the necessary papers. Well, so let's begin!

How to Start an LLC in 7 Simple Steps

Liability protection is a major motivating factor for many entrepreneurs when deciding whether to form an LLC. A limited liability company (LLC) is a corporate entity distinct from its owners (called members) and the members' personal assets and liabilities.

Creating a limited liability company necessitates formal registration with the appropriate state agency. Although the specifics of setting up an LLC in your state will vary, there are some common requirements across the board.

Related: How to Start an LLC in California

Step 1: Choose and Reserve a Name for Your LLC

In most jurisdictions, using the same name for two separate businesses is illegal. For this reason, two separate businesses in different cities cannot be named "Joe's Donuts," even if one of them is an LLC and the other is an Inc. Using words like "bank" or "insurance" in a company's name is prohibited by law in several jurisdictions.

The availability of your chosen LLC name can be checked through online searches in several states. Before forming an LLC, you should always ensure the name is available in your state.

Researching whether other local firms use the same or a similar name is a good idea, in addition to checking for restrictions under state law.

Picking a name that isn't already used is a good way to prevent trademark infringement and consumer misunderstanding. You might also check to see if the corresponding domain name is available.

Your chosen company name may be taken, so reserving it is a good idea if you aren't ready to file your LLC paperwork. Almost anywhere in the country you can reserve a name by filling out a form and forking over some cash. Reservation periods, application fees, and renewal procedures might vary widely from one state to the next.

Step 2: Choose a Registered Agent

LLCs need a registered agent in nearly all jurisdictions (sometimes called a statutory agent). A registered agent is a third party who accepts a legal process on behalf of a limited liability company and forwards it to the correct party within the company.

The LLC's registered agent can be a member or an officer of the LLC, or anybody else at least 18 years old and a state resident. Registered agent services are offered by businesses like Northwest Registered Agent for a fee.

How to Start an LLC: 7 Simple Steps Is All You Need

Step 3: File Organizational Paperwork with the State

The paperwork and steps needed to create a limited liability company vary by state. Articles of organization must generally include the following information:

  • Incorporation information
  • How long it has been around, if not forever
  • The registered agent's full name and mailing address
  • Why we set up this limited liability company
  • The person forming the LLC must typically sign the paperwork, and in some states, the registered agent must also sign

If you want to start an LLC in your state, you must file the necessary paperwork with the secretary of state. But, some states have a separate agency that deals with business registrations. The LLC formation cost varies by state because of the filing fee required by each.

Step 4: Prepare an LLC Operating Agreement

Your limited liability company operating agreement lays forth the rules by which the company will be managed.

It lays forth the rights of the members in the event of the death or departure of a member, how the business will be run, how profits and losses will be distributed, how meetings will be conducted, how the corporation would be dissolved if it ceases operations and other similar matters.

Depending on the rules in your jurisdiction, it may not be necessary to submit the operating agreement with the state. Nonetheless, it’s a necessary tool for business owners to spell down their obligations and prevent unnecessary conflicts.

Step 5: Determine the Licenses Needed

A certificate or other documentation verifying the existence of your LLC will be issued by the state after the filing and approval of the LLC's formation documents. Once you have the certificate, you can find out if your firm requires any other licenses or permits, such as a zoning or liquor license.

Step 6: Get an EIN

Your next move should be to apply for an EIN or an Employer Identification Number. Your EIN functions similarly to an SSN for your company. It's specific to your company and essential for banking, taxes, and personnel decisions.

How to Start an LLC: 7 Simple Steps Is All You Need

Step 7: Register to Do Business in Other States (Optional)

Your limited liability company (LLC) may have to register to do business in more than one state if it conducts business there. To accomplish this, you must complete and submit documentation that is quite identical to what you completed when you initially established your LLC. To legally conduct business in multiple states, you'll need local representation.

Many entrepreneurs find that forming an LLC is the best business structure for their needs. Creating and maintaining an LLC is a simple process in most states. The operating agreement should clearly outline the rights and responsibilities of the members and be correctly filled out.

Important Steps to Follow After Forming an LLC

File Annual Reports

Although this process is most relevant once you have been in business for at least one tax year, it’s still helpful to be aware of it now.

Your business must file a yearly report, commonly called a "statement of information," updating the state on any relevant facts or changes that have occurred since the previous filing period.

This lets your state provide information on any further legal needs, such as licenses, that you may need to keep operating.

It’s recommended you set up a system to keep track of all of your company's transactions. In this approach, you won't have to waste time (and even miss a deadline) searching for important documents.

What Should You Include in Your Annual Report?

You'll need to supply the LLC number issued by your state's secretary of state and the LLC name, office address, registered agent information (if applicable), and LLC number. The specific information that must be included in an annual report by a limited liability company varies from state to state.

Included in the yearly report are the following:

  • Your primary place of business
  • Contact information for members and supervisors
  • Your state entity number and other important identification information
  • The driving force behind your company
  • One or more lists of signatories
  • The details of your designated registered agent

In most cases, you can complete the annual report for your limited liability company (LLC) on your state's website. You may probably assume by now that some sort of cost will be involved. Mississippi has the lowest fee, at $50, while Massachusetts has the highest, at $500.

What Happens if You Don’t File an Annual Report for Your LLC?

Completing your annual report on time may seem like a formality, but it's rather important, and there are serious repercussions for not doing so. For instance, if your LLC's annual report is filed late, many states may levy late fees, penalties, and taxes, potentially dissolving your business.

Open a Business Bank Account

Having a separate company checking account as an LLC owner isn’t mandated by either state or federal law. Several factors, however, suggest that you:

  • Establishing a corporate bank account helps you maintain financial privacy when running a company
  • Having a separate entity improves the likelihood that protection will be maintained
  • Your limited liability company (LLC) will look more legitimate and professional with its bank account
  • Keeping your personal and professional finances apart will help you see your financial situation more clearly
  • When it comes time to file your taxes at the end of the year, having a clear separation between business and personal expenses is invaluable
  • Tracking your company's spending is essential for maintaining a steady cash flow

Obtain the Required Business Licenses and Permits

A business license is not required in most states for forming an LLC. You'll need this and possibly other licenses before your LLC can begin operations and comply with local regulations.

You might need a different set of permits and licenses depending on where you do business. Visit the SBA website to learn more about the licenses and permits required in the state where your LLC is based. Licenses and permissions can usually be applied online nowadays.

License types:

  • General business license
  • Sales tax registration
  • Weights and measures registration
  • Professional/occupational licenses
  • Health inspection certification
  • Alarm permit
  • Unemployment and workers' compensation registration

How to Obtain Business Licenses and Permits?

Choose a state, then zero down on a certain municipality and county within that state. The next step is to research local ordinances and laws on the website of the Small Business Administration.

Be prepared to provide your EIN (Employer Identification Number). Visit the IRS website and fill out an application if you don't already have one. You'll need your company's code, which you can obtain from any of the many sites that offer this feature. Verify if you need any other licenses or permits besides the business license. The filing fee might range from $50 to $500, so be prepared to pay that amount.

Learn More About Tax Requirements

Hiring an accountant with extensive experience managing LLCs and educating yourself on tax matters is one of the best decisions you can make when forming an LLC.

How you organize your company affects how you pay taxes. If your LLC has just one member, you can be taxed as a sole proprietorship. If it has several members, you can choose to be taxed as a partnership, or you can choose to be taxed as an S corporation.

You can rely on accountants to help you comply with federal and state tax regulations and submit your tax returns on time and accurately. Nevertheless, they can save you a ton of money in the long run by using legitimate methods of lowering your tax liability that a regular accountant might miss.

Yet, it also helps to understand how to keep track of your debits and credits, as this will allow you to spend less money overall.

LLC Tax Filing Tips

Then, investigate and claim any tax breaks that apply to your limited liability company. Second, ensure you add any business tax deadlines to your calendar and examine them well in advance. Another option is to engage a professional accountant or tax preparer.

Familiarize yourself with the tax regulations of your state. The forms you'll need to file LLC taxes are conditional on these three factors:

  • Whether there’s only one member in your LLC or several
  • Choose a corporate tax status for your LLC if you don't want it to be treated as a pass-through entity
  • And if members work for your LLC

Get Business Insurance

In the event of a fire, flood, theft, natural disaster, delayed shipment, missed deadline, or customer data breach, business insurance can help cover the costs.

Everyday dangers like falling down the stairs, having an automobile accident or getting hurt on the job. The loss of supplies, reimbursement for business interruption, and legal fees may all be included in the scope of some insurance. If a client gets hurt on your premises, "public liability insurance" could be useful.

Supplementary insurance for LLCs may be mandatory in some states while optional in others. In addition, having staff necessitates obtaining insurance for workers' comp, unemployment, and disability. To learn more about the specific insurance needs for your type of business in your state, check out its website.

Related: How to Open an LLC for Non-US Residents

Best LLC Formation Services

The procedure of registering a company is often difficult, lengthy, and stressful. It might be challenging for entrepreneurs to handle all the legal and administrative procedures independently.

The proliferation of convenient internet options for registering a business bodes well for the future of small business owners everywhere. In this article, we'll look at some of the best LLC formation services out there and offer advice on how to select the one that's going to be the best fit for your company.

ZenBusiness

When starting and growing a business, ZenBusiness, one of the best LLC services, has you covered. They offer all-inclusive and reasonably priced packages for forming an LLC, complete with registered agent services and submission of an annual report.

ZenBusiness also provides continuous support and tools to ensure your company continues operating legally and successfully

Swyft Filings

Swyft Filings is a company that helps people set up limited liability companies quickly and easily. Services for limited liability companies (LLCs) are provided by this company.

When it comes to forming an LLC and remaining in compliance with state and federal rules, Swyft Filings is there to help businesses every step of the way.

Tailor Brands

Tailor Brands is a web-based branding and design agency that aids companies in developing a unified, professional image for their company. Logos, business cards, and social media profiles are just some branding services they provide.

Tailor Brands also offers design resources and tools for making one's own branded materials.

Northwest Registered Agent

Registered agent services, compliance management, and document filing are just a few of the business services available from Northwest Registered Agent.

They’re experts in setting up limited liability companies and offer continuous assistance and tools to help firms maintain compliance and expand. When establishing an LLC, Northwest Registered Agent is a reliable ally.

Incfile

Registered agent services, compliance management, and document filing are just a few of the many services Incfile provides.

Forming an LLC is simplified and streamlined using Incfile's platform. In addition, they offer continuous assistance and resources to ensure that firms continue to operate legally and successfully.

Incfile is an excellent choice for an LLC formation service because of its low price and user-friendly interface.

Why Form an LLC?

Entrepreneurs and groups of people who want to start a successful new firm often choose to do so by forming an LLC. LLCs are often chosen for the following reasons:

  • Low startup cost: The setup and ongoing maintenance expenditures of an LLC are often lower than those of a corporation. There are states where the costs are under $100. If you want to start a business but don't want to break the bank, an LLC is the way to go.
  • Tax-related benefits: LLCs are unusual in that business assets can be kept separate from personal finances while being classified as a pass-through entity and claimed on personal taxes. This is favored by many LLC owners because it prevents them from being taxed twice. But, LLCs can elect to have their tax status determined by treating them as either a sole proprietorship, partnership, C-corporation, or S-corporation.
  • Liability shielding: An LLC's members and owners are shielded from personal legal responsibility, as the name suggests. For instance, if the firm is sued and its assets have been properly designated, the members' assets will be safe.

The process of learning how to form an LLC is straightforward. Some organizations can assist with the necessary paperwork and even take care of recurring duties like filing annual reports on your behalf.

Types of LLCs to Consider

There are several different LLC structures from which to pick when thinking about how to form an LLC, and you should be familiar with these options before making any final decisions.

  • Single-Member LLC: One individual owns and manages this limited liability company. While this LLC operates similarly to a sole proprietorship, it offers greater protection from personal liability and tax advantages.
  • Multi-Member LLC: LLCs with more than one owner often fall into one of two categories: those managed by a manager and those managed by the members.
  • L3C: These organizations, also called "low-profit liability companies," serve as a transitional form between nonprofit limited liability companies and for-profit limited liability companies, focusing on the business's mission rather than profits.
  • Series LLC: Series LLCs are hierarchical company structures in which one LLC owns many subsidiary LLCs with unlimited separation levels. Each LLC in the series is mostly autonomous from the others, and its assets are kept separately.
  • PLLC: This limited liability company (LLC) is available to specific categories of certified professionals only.
  • Restricted LLC: For the first decade after incorporation, Restricted LLCs pay no federal income tax. They’re similarly prohibited from giving money to their members. The articles of organization need to clarify that there will be limitations placed on the LLC.
  • Anonymous LLC: There’s no recognized name for this organization under the law. Instead, if the state doesn't disclose who the LLC's owner is, the LLC is considered "anonymous."

Even while much information concerning the establishment of a business is available to the public, there are still those who might choose to keep certain details under wraps.

For instance, a single-member limited liability company (LLC) proprietor might not want their business's location publicly disclosed. Creating an LLC in most states requires providing identifying information. Only Delaware, Nevada, New Mexico, and Wyoming are eligible for this choice.

How to Start an LLC – Frequently Asked Questions

Should I Get an LLC for My Small Business?

The limited liability company (LLC) is the most prevalent type of corporate entity since it’s simple to form, has many options, and requires little paperwork.

In addition to shielding you from personal responsibility for business obligations, this setup also allows for "pass-through" taxation, whereby the business's revenues are not taxed until they’re distributed to the LLC's shareholders. Profits made by a company can then be deducted from the owner's personal tax return.

Can I File for an LLC on My Own?

This free, comprehensive tutorial will show you exactly what to do to form your limited liability company. You can use a professional service, such as ZenBusiness or Swyft Filings, to incorporate a business.

How Much Does it Cost to Start an LLC?

The price of forming an LLC varies from state to state and can even rise if you opt to have a professional handle the paperwork. Formation of a limited liability company might run you between $50 and $500.

If you decide to have a third-party formation company handle your business filings and other services, you may have to pay an extra $40 to $350.

Is It Possible to Set up an LLC for Free?

The charge to register a limited liability company (LLC) varies from state to state. Some businesses claim to offer "free" LLC formation, but all they'll do is fill out the paperwork for you. But once again, you'll need to pay the state's filing fee.

Bottom Line on How to Start an LLC

It's natural if you were nervous about establishing an LLC before reading this piece. After all, it's not uncommon to feel like you're taking a huge leap into the legal dark.

There should be no holding you back now that you know how to form an LLC. Step by step, follow this procedure, and if you get lost or need more advice, come back to this article, talk to local business entrepreneurs, or look into an LLC formation service like ZenBusiness.