Key Takeaways

  • The time it takes to get an LLC varies by state, ranging from a few days to several weeks depending on filing method and state processing times.
  • Online filings are generally faster than mail filings; some states offer immediate approval for online submissions.
  • Expedited service can reduce LLC approval time significantly, sometimes to same-day or one-hour processing for an extra fee.
  • Factors affecting how long it takes to get an LLC include the Secretary of State’s workload, errors in paperwork, and payment method.
  • Steps after filing — like getting an EIN, creating an operating agreement, and obtaining business licenses — also affect how long it takes to start operating.

How Long Does It Take to Form an LLC

If you want to know how long it takes to form an LLC, you’ll want to be familiar with the process of establishing an LLC, while also understanding that rules differ by state. An LLC, also referred to as a Limited Liability Company, consists of members (the owners) who generally manage and oversee the daily operations of the LLC. Certain states provide rules and regulations regarding the LLC and member obligations.

Even if you establish an LLC, it can be structured similar to a corporation in terms of limited liability, while also operating similarly to a partnership in terms of taxation. Keep in mind that states provide varying statutes in terms of the LLC’s formation, registration, and other requirements.

LLC Processing Time

The LLC processing time really depends on the state in which you form your LLC. However, it usually takes most states 7-10 business days; other states could take 4-6 weeks, i.e. Arizona takes roughly 22-27 business days to process your documents. Some states issue an approval immediately after receiving the articles of organization, in which the turnaround time can be as little as 3 business days. It also depends on the time of year in which you choose to form your LLC. Some states find themselves busier during certain times of the year, which could cause a delay in the formation of your LLC. For that reason, be sure to plan accordingly so that you are aware of the time it could take to form your LLC before you can begin conducting business in that state.

State-by-State LLC Processing Times

How long it takes to get an LLC approved depends heavily on your state’s business filing system. Some states offer near-instant online formation, while others take several weeks to process mailed applications. For example:

  • Delaware: Online filings are usually processed within 1–3 business days, but expedited options allow same-day, two-hour, or one-hour service for additional fees.
  • California: Online submissions typically take about 5–10 business days, but paper filings can take up to 4 weeks depending on volume.
  • Florida: Online filings are processed within 2–5 business days, while mailed applications can take up to 4 weeks.
  • Texas: Online filings through SOSDirect are processed in 2–3 business days; mail filings may take 7–10 business days.
  • New York: The Department of State processes online filings within 3–7 business days, though publication requirements add several weeks before an LLC is fully active.

The Secretary of State’s processing backlog and the time of year (e.g., end-of-year business filings) may cause delays. Always check your state’s current turnaround time before submitting your documents.

Expedited Processing

If you want to request expedited or rush processing, you can do so by paying an additional fee. Again, it depends on the state as to how much the additional fee will be, but requesting expedited processing can reduce the process by up to 10 business days.

If you do request expedited processing, your application will be reviewed ahead of others. Furthermore, once the Secretary of State’s office is done with its review, the results will be overnighted to you. Keep in mind that your LLC will not automatically obtain approval. For example, if you are missing the required documentation, or if your business name doesn’t meet the state’s requirements, your LLC will be denied.

Some examples of expedited filing by the state include:

• Delaware, which offers a variety of expedited service options for additional fees, i.e. next-day processing is available for an additional $50, same-day processing is available for an additional $100, two-hour processing is available for an additional $500, and one-hour processing is available for an additional $1,000 fee.

• Arizona generally has a processing time of 22-27 business days. However, if requesting an expedited review, the processing time will be around 7-12 business days for an additional $35 fee.

What Affects How Long It Takes to Get an LLC

Several factors can influence how quickly you receive approval for your LLC:

  1. Filing Method: Online filings are faster than paper filings. Most states have web portals that approve LLCs automatically if information is complete.
  2. State Workload: During peak business registration seasons, like January or the end of fiscal quarters, approval can take longer.
  3. Filing Accuracy: Missing signatures, incorrect payment, or unavailable business names will delay approval.
  4. Expedited Options: Some states provide paid rush processing — for instance, Delaware and Nevada offer same-day approval for a fee, while Florida’s expedited review typically shortens processing by several days.
  5. Payment Method: Electronic payments are processed faster than checks or money orders.

Checking your application thoroughly before submitting it can save days or even weeks of back-and-forth correspondence with the state.

Forming Your LLC

While you want to know how long it will take to form your LLC, you’ll also need to know the step necessary in order to begin conducting business through your LLC. In addition to choosing your business name (one that is available for use and not being used by anyone else), you’ll need to file the articles of organization. This is the document that is sent to the Secretary of State for processing and approval. The document itself includes various information regarding the business, including member names/dates of birth/addresses, registered agent name/address, the purpose of the business, and signatures of the members and agent.

After you have completed and submitted the articles of organization, it is beneficial to draft an operating agreement. Not all states require this document, but it is helpful to have one, as it will be a legally binding document that specifies the decision-making process and other important operations of the business, i.e. business and financial management decisions.

You will also be required to obtain an Employer Identification Number (EIN). This is the number that the IRS will provide you with for business purposes. This number is required in order to open business bank accounts, business credit cards, and create a payroll system for employees.

You might also need to obtain licensing and permits depending on the type of industry in which you operate. You’ll want to be sure to review the state and local jurisdictional business laws for such information.

Additional Steps After LLC Formation

Once your Articles of Organization are approved, several steps remain before your business is fully operational. These additional requirements can extend the total time it takes to start your LLC:

  • Obtain an EIN: You can get an Employer Identification Number from the IRS online immediately, though mailed requests can take up to 4 weeks.
  • Draft an Operating Agreement: Even if not required by your state, an operating agreement helps outline member roles and reduces future disputes.
  • Register for State Taxes: If your LLC will collect sales tax or hire employees, you must register with your state’s Department of Revenue or equivalent agency.
  • Apply for Business Licenses and Permits: Industry-specific or location-based permits may take additional days or weeks to secure.
  • Open a Business Bank Account: Most banks require your LLC approval certificate and EIN, so delays in those steps will postpone banking setup.

Completing these follow-up tasks promptly ensures your LLC can begin operations without legal or administrative delays.

Frequently Asked Questions

1. How long does it take to get an LLC approved by the state?

It typically takes anywhere from a few days to several weeks, depending on your state and whether you file online or by mail.

2. What’s the fastest way to get an LLC?

Filing online with expedited service is the fastest method. Some states, like Delaware or Nevada, offer same-day or one-hour approvals for an additional fee.

3. Why is my LLC taking so long to process?

Delays often result from missing documents, high state filing volumes, or errors in your application. Contact your state’s Secretary of State office for status updates.

4. Can I operate my business before my LLC is approved?

No. You must wait until your Articles of Organization are officially approved before conducting business under your LLC’s name.

5. How long after approval can I start operating my LLC?

You can start immediately after receiving your approval certificate, as long as you’ve obtained your EIN, business bank account, and necessary licenses.

If you need help learning about the time it takes to form your LLC, or if you need help forming your 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, Menlo Ventures, and Airbnb.