Utah LLC Articles of Organization: Everything to Know
Filing Utah LLC Articles of Organization are an important part of forming a limited liability company.3 min read
2. Filing a Certificate of Organization
3. Appointing Your Registered Agent
4. Preparing Your Operating Agreement
5. Preparing for Tax and Regulatory LLC Requirements
6. Familiarizing Yourself With Annual Filing Requirements and Renewals
Choosing Your LLC Name
The first and probably most important step when forming your LLC is deciding on the name of your business. You will need to register your LLC name with the Utah Division of Corporations and Commercial Code. When choosing your business name, make sure the name is easy to search and will fit in with your chosen business venture.
There are some state requirements when it comes to naming your LLC. You will need to:
- Make sure your company name ends with the words Limited Liability Company, Limited Company, LLC, or LC.
- Make your name distinguishable from any other registered LLC name in the state.
- Check to see if your name is available by searching the Utah business name database.
- Make sure it doesn't use restricted words, such as bank or attorney, without proper licensing.
- Avoid prohibited words that might confuse your name with a state or federal entity.
Once you have found an available name, you can reserve it. You should also reserve any domain names and email addresses at this time, as well. You can either form as a:
- Domestic LLC, which is an LLC formed in the state.
- Foreign LLC, which is an LLC formed outside of the state's jurisdiction.
Filing a Certificate of Organization
The second step in forming your LLC is filing your Certificate of Organization. Your certificate will need to include:
- Your LLC's name and business address.
- The name and address of your company's registered agent.
- Each organizer's name and address.
- A statement as to whether the LLC is member-managed or manager-managed.
You can file your articles online at the Utah business registration website or by mail along with a $70 filing fee. You can pay your fee via credit card or by check made out to the "State of Utah." When filing by mail, you will need to send your fee and forms to Utah Division of Corporations and Commercial Code, P.O. Box 146705, Salt Lake City, Utah 84114-6705.
You can also visit the office at the Heber M. Wells building in Salt Lake City in person during weekday business hours.
Appointing Your Registered Agent
You must designate a registered agent who can accept legal paperwork for your corporation on your behalf. Your registered agent must:
- Have a physical address to receive and process paperwork.
- Be able to conduct business in the State of Utah.
- Must be available during normal business hours.
You can elect to be your own registered agent or appoint one on your company's behalf.
Preparing Your Operating Agreement
Though an operating agreement is not required to form an LLC in Utah, it is advisable to protect the LLC members. An operating agreement will outline your organization's ownership and operating procedures.
Preparing for Tax and Regulatory LLC Requirements
There are a few other procedures you will need to go through to complete the formation of your LLC and begin operating your business. One is filing for an Employer Identification Number (EIN). Your EIN will be your company identification and is required for many things, such as:
- Filing your taxes.
- Obtaining business licenses.
- Opening business accounts.
If you are a single-member LLC, you will not be required to get an EIN unless you have employees. To obtain an EIN, fill out the appropriate form on the IRS website. There is no fee for obtaining an EIN.
Familiarizing Yourself With Annual Filing Requirements and Renewals
Both foreign and domestic LLCs authorized in Utah must file an annual renewal, similar to a corporation annual report, to the Utah Division of Corporations along with a $15 filing fee. You must file for your first renewal on the anniversary of your formation and every year after that. Your business will receive a renewal notification by mail, 60 days before this date. You can file your renewal and pay online or print out a form from the Division of Corporation's website and mail it in with your fee.
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