Key Takeaways

  • The LLC application is filed with the Secretary of State and requires submitting Articles of Organization, paying the filing fee, and providing information about the business name, registered agent, and management structure.
  • Before completing an LLC application, business owners should confirm name availability and ensure compliance with state naming rules.
  • An Employer Identification Number (EIN) from the IRS is often required after the LLC is formed for tax and banking purposes.
  • Some states allow online filing, while others permit mail-in or in-person submission.
  • Additional steps may include drafting an operating agreement, obtaining business licenses or permits, and registering a DBA if using a trade name.

An application for LLC is a form a business owner will fill out and submit to the Secretary of State in the state in which this entrepreneur plans to start a Limited Liability Company (LLC). 

Forming an LLC

LLCs are an attractive business structure because they offer protection from liability for the owners (also known as members) of the company. If the business goes under, the members will only be held responsible for the amount of their initial investment in the company, but creditors cannot get at their personal assets.

The pass-through characteristic of an LLC is mirrored after the tax structures of sole proprietorships or partnerships, while the liability protection resembles a corporation.

Company profits for an LLC are only taxed once on the personal tax returns of the members, so they avoid double taxation when the LLC chooses to be taxed as a disregarded entity like a sole proprietorship or S Corp (S Corporation).

These advantages have made LLCs a desirable entity type for small businesses in the past several years.

You'll want to check with the Secretary of State in the state that you plan to form your LLC to be sure that you follow all of the requirements in your application for LLC.

Generally, all LLCs will need to do the following as they apply to become an LLC:

  • Apply for an EIN (Employer Identification Number).
  • File for the necessary permits and licensure.
  • Draft an Operating Agreement.
  • File Articles of Organization.

If an LLC does not draft its own operating agreement, the business will have to follow the rules set up by the state LLC laws.

LLCs are not a difficult entity to form with the state, but you'll want to be careful to follow all of the correct steps in order to apply properly.

It's pretty easy to form an LLC online in most states, but business owners also have the option to apply by mail or in person.

Steps to Complete Your LLC Application

When preparing your LLC application, the exact process and requirements vary by state, but most follow a similar structure. Here’s an overview of what to expect:

  1. Choose a State for Formation:
    Your first step is deciding where to form the LLC. Most business owners register in their home state, but some choose other states like Delaware or Nevada for favorable tax or privacy laws.
  2. Check Name Availability:
    Verify that your desired business name is unique and complies with state naming conventions. This means checking the Secretary of State’s online business database and ensuring it includes “LLC” or “Limited Liability Company” in the name.
  3. Appoint a Registered Agent:
    Every LLC must designate a registered agent—an individual or company responsible for receiving legal and tax documents on behalf of the business. The agent must have a physical address in the state of formation.

  4. File Articles of Organization: This is the formal LLC application form submitted to the Secretary of State. It includes details such as:

    • The LLC’s name and principal address
    • The registered agent’s name and address
    • The management structure (member-managed or manager-managed)
    • The business purpose (some states allow a general purpose statement)

    Filing fees range from about $50 to $500, depending on the state. Most states now allow online submission for faster approval.

  5. Create an Operating Agreement:
    Although not always required, an operating agreement is crucial. It outlines how the LLC will be managed, how profits are distributed, and what happens if a member leaves the company.
  6. Obtain an EIN:
    Apply for an Employer Identification Number through the IRS. This number is essential for tax filing, opening a business bank account, and hiring employees.
  7. Register for State Taxes and Licenses:
    Depending on your business activities and location, you may need to register for sales tax, unemployment insurance, or professional licenses.
  8. Receive Your LLC Certificate:
    Once approved, the state will issue a Certificate of Formation or Certificate of Organization—officially recognizing your LLC as a legal entity.

Naming Your LLC

One of the first steps in forming an LLC is choosing a name. This is an important part of forming a company because it is how the government and future customers will know it.

A good name is vital to the success of a business, especially when it comes to marketing and branding, but there are also some legal issues to keep in mind.

Here are the regulations an LLC must follow when choosing a name:

  • The name must include the words Limited Liability Company, Limited Company, or the abbreviations LLC, LC, L.L.C., or L.C.
  • Words that suggest some kind of license or specialty that the business doesn't actually have, like "bank" or "doctor" must be avoided; each state has a specific list of restricted words, so be sure to check the list and avoid including these words in your title. 
  • The name cannot violate any trademarks. Search the Trademark Electronic Search System or TESS online to find trademarks and avoid infringement.

Before you decide on a name for your business, you'll also want to be sure that it is not already in use by another LLC in the state.

Many Secretary of State websites offer a searchable database with all existing LLC names. You can easily perform a name search using all parts of your desired name to avoid any similarities and confusion for potential customers.

If you do find that your desired name is not currently in use, many states allow business owners to reserve a name to be sure that it isn't taken while they complete the application process.

You'll also want to perform a domain name search to ensure that your desired business name is available for use as a domain.

You may not be ready to start a company website right away, but it'll be very helpful to have the perfect domain name already reserved when you're ready.

Sometimes LLCs will choose to use a DBA or "Doing Business As" name as an alternative name for their company. These are also known as trade names. If this is the plan for your LLC, you'll need to file the paperwork for the DBA as well. This can also usually be completed online.

Some states don't require DBA names to be registered, so you'll want to check with your particular state before deciding whether to go that route.

Common LLC Application Mistakes to Avoid

While forming an LLC is straightforward, errors in your LLC application can delay approval or cause compliance issues later. Be sure to avoid these common mistakes:

  • Using a noncompliant name: Each state has restrictions on certain words (e.g., “bank,” “insurance”) that may imply specific licensing.
  • Omitting the registered agent: Applications without a valid registered agent are rejected.
  • Providing incorrect addresses: The principal office and mailing address must be accurate and current.
  • Skipping the operating agreement: Even if optional, it’s critical for defining member roles and avoiding future disputes.
  • Failing to obtain an EIN or required licenses: Without these, your LLC may face penalties or be unable to open a business account.

Double-checking your information before submitting your application helps ensure smooth processing and avoids additional fees or amendments.

How Long Does It Take to Process an LLC Application

The time it takes for your LLC application to be approved depends on the filing method and the state’s workload:

  • Online filings: Typically processed within 1–3 business days.
  • Mail filings: May take 1–3 weeks, depending on state processing times.
  • Expedited services: Available in most states for an additional fee, often guaranteeing same-day or 24-hour processing.

Some states, like Delaware and Florida, offer near-instant approval for online filings, while others, such as California or New York, may require several weeks due to additional review steps.

You’ll receive confirmation via email or mail once your LLC is officially registered, along with your Certificate of Formation or equivalent document.

Costs Associated With Filing an LLC Application

The cost to file an LLC application varies by state and typically includes:

  • State filing fee: Ranges from about $50 to $500.
  • Name reservation (optional): $10–$25 if you reserve your business name before filing.
  • Registered agent service: $100–$300 annually if using a professional service.
  • Annual or biennial report fees: Required in most states to maintain good standing.
  • Business license fees: Depending on the type of business and location.

For example, forming an LLC in Florida costs $125 ($100 filing fee + $25 registered agent fee), while California requires a $70 filing fee and an $800 annual franchise tax.

After Filing Your LLC Application

Once your LLC application is approved, take these final steps to ensure your business remains compliant:

  • Open a business bank account to separate personal and business finances.
  • File annual or biennial reports with your Secretary of State to maintain active status.
  • Stay compliant with tax obligations, including federal income taxes and state-level taxes like franchise or sales tax.
  • Keep detailed records of business activities, including meeting minutes and financial reports.
  • Update the Secretary of State if there are changes in your registered agent, address, or ownership.

Maintaining compliance helps protect your limited liability status and avoids administrative dissolution.

Frequently Asked Questions

1. What is an LLC application?

An LLC application, also known as the Articles of Organization, is the form you submit to the Secretary of State to legally establish your Limited Liability Company.

2. How much does it cost to file an LLC application?

Filing fees typically range from $50 to $500, depending on the state. Some states charge additional fees for name reservations or expedited processing.

3. Can I file my LLC application online?

Yes. Most states allow online filing through the Secretary of State’s website for faster processing, though mail and in-person options are still available.

4. Do I need an attorney to file an LLC application?

While not required, an attorney can help ensure your LLC complies with state laws and prevent mistakes in your filing documents.

5. What happens after my LLC is approved?

Once approved, you’ll receive a Certificate of Formation or similar document. You should then obtain an EIN, open a business bank account, and file annual reports to stay compliant.

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