Rhode Island LLC Formation

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Steven S.

Steven Stark

357 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Joshua G.

Joshua Garber

249 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Richard G.

Richard Gora

183 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Talbot G.

Talbot Gandara

I am an attorney providing small businesses and startups with quality legal services at reasonable rates. I can assist you across a broad spectrum of business related legal... read more
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Keith M.

Keith Mcwalter

Keith McWalter is a senior advisor in the Seabury Group in New York City and specializes in investment banking. Prior to joining Seabury, Keith was a partner at Babcock & Brown, a financial advisory and asset management firm, for 22 years. Keith has represented several Fortune 500 clients, including Northwest Airline, BNSF Railway Company, and Amtrak.
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Kathleen J. P.

Kathleen J. Patterson

Kathleen has been running her own practice, Patterson Law, since 2002. She can handle a variety of cases including complex multi-party general liability actions, construction defects, automobile accidents, and worker's compensation. Before starting her own practice, she worked for 10 years as Organizational and Corporate Ombudsman Consultant for Patterson Resolution.
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Mark C.

Mark Castellanet

At present, Mark Castellanet is a Case Attorney for Lawyers for Workplace Fairness APC. However, he has also worked for other companies, such as SoCal Penske and Mobilitie. He can handle many different legal matters, from drafting proposed policies to resolving small company claims cases. In 2013, he received the CALI award in Criminal Procedure and appeared on the Dean's list twice, and once in 2012. He studied Law at Whittier Law School.
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Michelle C.

Michelle Chan

Michelle Chan is a Lawyer for Innovators and she is currently working at her own Law Offices. Previously, she has done legal work for some big corporations. She started out as a Paralegal for the very well-known law firm, Leigh Day & Co. Her focus areas include business law, commercial contracts, employment, immigration and intellectual property. She graduated from The College of Law, London UK with her Bachelor of Laws.
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Bradley R.

Bradley Ratliff

Bradley Ratliff is the President and CEO or The Ratliff Law Firm. This well-experienced lawyer can handle cases regarding personal injury, workers compensation, estates, elder law matters, real estate and civil practice. For almost 6 years, Bradley worked as a Staff Attorney for Bolling-Hearl-Ratliff, P.C. and is also a Shareholder in The Providence Title Insurance, Inc. In 2006, he graduated from The Appalachian School of Law with his J.D. and he has also obtained his Masters of Science.
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Megan Marie E.

Megan Marie Early, Esq.

Megan Marie Early graduated cum laude from Southern University Law Center in Baton Rouge. Returning home to South Carolina, Megan Marie realized the need for probate lawyers in her area. She chose this as her focus, seeing an opportunity to truly impact her community. Her goal is to put her clients first and tailors her service to every client’s individual needs.
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Why use UpCounsel to form your LLC in Rhode Island?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Rhode Island LLC the right way.
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Why use UpCounsel to form an LLC in Rhode Island

Starting an LLC in Rhode Island with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in Rhode Island with UpCounsel, the attorney you choose to help you will conduct a business name search for your Rhode Island LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Articles of Organization have been prepared and successfully filed with the Rhode Island Secretary of State, your Rhode Island LLC has been formed and begins its existence as a corporate entity.

Requirements for Forming a Rhode Island LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Rhode Island Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company (upper and lower case abbreviations are permitted). The words "limited" and "company" may be abbreviated to "Ltd." and "Co.," respectively.

It must be distinguishable (not the same as or deceptively similar to) the name of any Rhode Island Limited Liability Company or foreign LLC reserved or registered and cannot contain the words implying the LLC was formed for a purpose for which it is not organized.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Rhode Island Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of Rhode Island.

Articles of Organization: When forming an LLC in Rhode Island, the Articles of Organization must be filed with the Rhode Island Secretary of State. Rhode Island state law requires that certain information be included in your Articles of Organization when forming your Rhode Island LLC.

This information must include:

  1. The LLC's name and address.
  2. How the LLC will be treated for federal tax purposes.
  3. The LLC's registered agent's name and address.
  4. Each organizer's name and address.
  5. Whether the LLC will be managed by members or managers. If manager-managed, the manager's names and addresses must also be provided.

Additionally, a Rhode Island LLC formation generally requires inclusion and/or consideration of the following:

Organizers: One or more people may form a LLC, yet they do not need to be members of the LLC.

Minimum Number of LLC Organizers: One (or more).

Eligibility: An organizer may be an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign.

LLC Operating Agreement: Although the LLC operating agreement is not required with the Articles of Organization, it is a good idea for every LLC with more than one member to have one. If an operating agreement is created, it need not be filed with the Articles of Organization.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Articles of Organization or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Business Licenses: Business licenses and/or permits are required for most LLC's offering a specific professional service. Contact the Rhode Island Secretary of State for specific licenses.

Resident Agent needed for a Rhode Island LLC

Remember every Rhode Island LLC must have a registered agent in Rhode Island, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The statutory agent may be a Rhode Island resident or business entity authorized to do business in the state. However, the registered agent must have a physical Rhode Island street address.

Rhode Island Secretary of State

Once you create an LLC in Rhode Island, the Rhode Island Secretary of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Rhode Island Secretary of State.

Recurring Responsibilities and Duties for Rhode Island LLCs

Annual Report: Each limited liability company shall provide an annual report to the Rhode Island Secretary of State regarding its financial condition to each of its members. The report must be filed each year between September 1st and November 1st, starting the year following the LLC's filing of the Articles of Organization with the Secretary of State. The filing fee is $50.

Records: Each Rhode Island limited liability company must keep the following records open to inspection at its office:

  1. A current list including the full name and business or residence address of each manager and member.
  2. The capital values and relative voting rights of the members.
  3. A copy of the Articles of Organization and all amendments thereto, together with any powers of attorney pursuant to which the Articles of Organization or any amendments thereto were executed.
  4. Copies of the limited liability company's federal, state, and local income tax or information returns and reports, if any, for the five most recent taxable years.
  5. A copy of the LLC's Operating Agreement, if in writing, and any amendments thereto, together with any powers of attorney pursuant to which any written operating agreement or any amendments thereto were executed.
  6. Copies of the LLC's financial statements, if any, for the five most recent fiscal years.
  7. Copies of any other relevant powers of attorney.
  8. Any written records of proceedings of the members and managers.

Filing Fees for a Rhode Island LLC

The processing fee for the Articles of Organization is generally about $150 but may be expedited for additional fees. Also, the filing and reservation of the LLC's name is $50. These fees can change so it would be best to check with the Rhode Island Secretary of State on what the latest fees are. You may pay these fees in many different forms including cash, check, money orders, or debit and credit cards.

Taxes for a Rhode Island LLC

A Rhode Island LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity," so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

Rhode Island state law follows federal law for income tax purposes. Therefore if the LLC is classified as an association taxable as a corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in Rhode Island as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

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