Apply for LLC

If you want to apply for LLC status, start by choosing a good name for your company. Pay a small reservation fee to prevent others from using it before you can register the business. You can use an online search that lets you check the availability of the name.

Otherwise, here are some things to take into account when deciding on a name for your LLC:

  • Your LLC name must conform to the rules of the LLC division

  • It must end with "LLC" "Limited" "Ltd." "Limited Liability Company"

  • It must not include certain words like Corporation, Insurance, Bank, Banking, Surety, government-sounding words, vulgar words, etc.

  • It must not be a duplicate LLC business name

  • It must not violate other companies' trademarks

Drafting and Filing Your Articles of Organization

Before you can register your LLC Company, you must draft your Articles of Organization. This is document is also known as a "certificate of organization" or "articles of formation." It outlines the following:

  • Name of the LLC, address, and contact details

  • Names of the Board of directors, if applicable

  • Statutes of declaration

  • Date of effectivity

  • Name of parties, organizers, agents, managers, or owners

  • Their roles and responsibilities in the business operations

  • Each individual's stake in the company, in percentage or a particular sum

  • Rules and frequency of meetings and election of officers

  • A brief of company's code of ethics and special rules

  • Rules of succession, buying, and selling company shares

  • Type of LLC or legal structure

Your Articles of Organization must also indicate a "registered agent" for your LLC who will be responsible for receiving and signing legal documents that involve your company. He can sign the Articles of Organization on your behalf or request every party to sign the document at the onset.

When it comes to lawsuits, your agent represents the company and acts on your behalf, based on written rules of the LLC.

You can typically find a pro-forma copy of an Articles of Organization, which you can edit to fit your Company's description and rules. You can also seek the help of a lawyer in drafting your articles of organization.

After authorities authenticate your Articles of Organization, you can now fulfill the requirements of other governing bodies to register your business name and fully apply for an LLC.

Submitting Your Articles of Organization

You need to pay a fee to file and submit your Articles of Organization for your LLC to the Secretary of State. It generally costs below $100, but some states may charge an annual tax aside from the filing fee. It is always best to ask around and be ready to pay the fees nonetheless.

In return, the office of the Secretary of State will provide you with a Form 205 that you need to fill up and submit along with a filing fee. Upon receipt of the Form 205, you may now proceed to request a Federal Employer Identification Number from the IRS.

Completing Your Permits and Licenses

Aside from the Certificate of Organization, you must also obtain permits and registration from various government offices before you can operate. These permits and licenses vary from state-to-state and include:

  • Building permit

  • Health, Safety, and Environment permit

  • Business license or tax registration

  • Zoning

  • Signage

Opening an LLC Bank Account

One of the requirements, when you apply for an LLC, is to open a bank account under your company's name. The requirements for this vary from bank-to-bank. Having an LLC bank account will ensure that personal funds are separate from the company's money. Usually, banks will ask you to submit a copy of the following:

  • Authenticated Articles of Organization

  • copy of tax certificate

  • Federal Employer Identification Number

  • IDs and signature samples of your registered agent

Publishing an Advertisement

To make things official, some states require LLCs to let the public know by announcing the business founding in a local newspaper a number of times for a few weeks. Later on, when the duration is complete, the LLC must submit an "affidavit of publication" to the filing office.

These are the steps that you need to set up your business. Remember, you need to do all of these steps to successfully register your LLC. Merely reserving a business name does not legally establish your business.

If you need help applying for an LLC, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.