How Do I Register My Business as an LLC: Everything to Know
How do I register my business as an LLC? It varies depending on what state you live in, but you'll generally have to file some kind of official paperwork.3 min read
2. How to File Your Articles of Organization
3. How to Create Your Operating Agreement
4. How to Publish Notice for Your LLC
5. How to Get Permits and Licenses for Your LLC
How do I register my business as an LLC? It varies depending on what state you live in, but you'll generally have to file some kind of official paperwork. Overall, it's not a very hard process as long as you follow the various steps involved. These typically include:
- Choosing a name for your LLC.
- Filing the formal paperwork.
- Composing an operating agreement.
- Publishing your intent to form an LLC.
- Getting any permits and licenses required for you to operate.
How to Name Your LLC
Each state has its own rules for naming an LLC, so be sure to check with your specific Secretary of State before moving forward. Generally, the name of your LLC will have to follow these requirements:
- Be a unique name that no other LLC has.
- End with an LLC designator, such as LLC, Ltd. Liability Co., Limited Liability Company, L.L.C., or Limited Company.
- Exclude specific words prohibited by your state, such as City, Corporation, Insurance, or Bank.
If you're unsure whether the name you want to use is taken or not permissible, check with your state's LLC office. You might even be able to reserve your proposed LLC name for a short while by paying a small fee. This gives you time to file your articles of organization without rushing through all the steps.
Once you file the articles of organization, your business name should be officially entered into the naming database. This will prevent other companies from trying to create businesses with your name.
How to File Your Articles of Organization
After you have chosen a name, the next step is to file the articles of organization. This is the most common name for this document, though it can also be known as a certificate of organization or a certificate of formation. Generally, this document just asks for simple information about your business. Most states offer the ability to fill them out online by checking some boxes and filling in blanks. Some of the information you might need includes:
- Your LLC's name.
- Your LLC's address.
- The names of the members of the LLC.
- The name of your registered agent, which is the person who will receive any legal notices regarding your LLC.
If you're creating a multi-member LLC, just one person needs to craft the document. However, all the members can be involved if they wish.
Once you've gotten everything together, you'll need to pay a filing fee to submit it. Fees vary from state to state, but most are around $100. However, some states are pricier than others. Consider California, which charges a whopping $800 annual tax in addition to the filing fee.
How to Create Your Operating Agreement
In most states, operating agreements are not required by law. However, they are essential for defining the ownership and operation of the business to avoid disputes and arguments. You should include the following information in your operating agreement:
- Details on how you'll manage the LLC.
- How much voting power each member has.
- How much interest each member has.
- The rights and responsibilities of each member.
- Rules on how often meetings will be held.
- Rules regarding how voting will occur.
- How profits and losses will be split up.
- How members can sell their interest in the LLC.
How to Publish Notice for Your LLC
A select number of states require you to publish an official notice in a local newspaper before your LLC formation is finalized. This notice must be published several times over a specific time period so that objecting parties have numerous chances to see it. If you have questions about the specific regulations in your area, your local newspaper should have more information. Once that is done, you can submit an affidavit of publication to your LLC filing office.
How to Get Permits and Licenses for Your LLC
At this point, your LLC is officially registered with the state. However, before you can conduct business, you'll need to get a few permits that permit you to operate in your state. Some of these might include:
- Business license with your local municipality.
- Federal Employer Identification Number (EIN).
- Sellers' permit.
- Zoning permit.
Once you have these, all you have to do now is remember to file annual reports and other compliance documents with the appropriate authorities.
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