How Long Does LLC Filing Take

How long does LLC filing take? It depends on how fast the state processes business filings. As a rule, it takes between a week and ten business days to process. In some states, provided that your intake information has been received, a state agency can often issue an approval for the LLC within three business days.

Some states also a ‘rush filing’ option, which must be done through a walk-in delivery. For this, you bring the completed forms to the secretary of state’s office. If you are using an online filing service, those services typically a courier that is located near the state office who will bring in your forms for rush service.

When your LLC is officially filed by the state, you can structure it to resemble a corporation, in that it provides you with limited liability protection benefits like a corporation and, at the same time, an LLC affords you the taxation model of a partnership.

For payment, the filing fee ranges from $100 to $1000, depending on the state. The payment is prerequisite for the state to grant approval. The articles of organization of the LLC will not be processed until the state receives full payment.

Often, creating an LLC is simple; you can just file a single page document with the state—which is often referred to as the articles of organization or certificate of organization—together with the state-mandated filing fee.

Agency Document Processing

Once the LLC filing is complete, the primary factor in determining when you will receive approval is based on the state agency's document processing service. Different states have varying times for their process and how much you will pay for faster service.

For instance, the Arizona Corporation Commission stated that the normal processing time for a new Arizona LLC is 22 to 27 business days (based on a statement from March 2013). The Arizona commission offers an expedited service option, which reduces the processing time to 7 to 12 business days. Expedited service has a higher filing fee of $185.

Delaware, plus other states, have an expedited service option that are faster and more expensive. The basic filing fee for a Delaware LLC is $90 (as of March 2013). There is also a next-day processing option for an extra $50 and even a same-day option for an additional $100. What’s more, there is a two-hour processing if you add $500 and a one-hour option for an additional $1,000.

Rush Processing

Time to process your corporation or LLC formation varies by state with routine processing taking 4 - 6 weeks or even more in the slowest states. In states where it is available, Rush Processing will reduce the time to form your business to about 2 - 3 business days. Your processing is assigned top priority and overnight delivery service will be used to send your documents to you. Your documents will either be hand delivered to the state or sent electronically or by overnight delivery service. In addition, all state expedited and rush processing services offered will be used (state fees may apply).

Other Considerations

Depending on the type of business that you operate, you may be required to take additional action. For instance, an LLC is a separate legal entity and, in many situations, must have its own IRS federal taxpayer ID. Generally, state taxing authorities mandate that any business selling products and services must obtain a permit to become a sales tax withholding agent.

Often, counties and municipalities require all businesses operating in the jurisdiction to procure a business license. In sum, to ensure that your LLC remains qualified to be active in business in a jurisdiction, you must obtain all government-mandated authorizations.

Do You Need an Accountant or Attorney to Form an LLC?

No. Anyone can process and submit the required documentation with any state authority. You should make certain that you are well-schooled and understand all the local requirements of the jurisdiction before forming an LLC. If you are unsure about or do not understand the legal or financial consequences of forming an LLC, seek the advice of counsel or an accountant.

If you need help setting up 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.