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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Forming an LLC is a major consideration for any business owner; with myriad implications, it is essential to be well-informed when considering this legal entity. The ��������Ƶ team and community template library provide invaluable advice and guidance, giving anyone the ability to craft custom high quality legal documents without paying a lawyer.

The main advantage of forming an LLC is the limited liability protection given to owners so that if the LLC were ever sued, they would not be held personally responsible for any liabilities or debts. There are also significant tax benefits in being an LLC as profits and losses are passed through individual tax returns - resulting in lowered overall tax liability. The flexible management structure provides more control over how decisions are made, while its durable nature ensures continued activity even if one owner passes away or leaves the business.

These factors should all be taken into account when deciding whether to form an LLC - along with any relevant advice from our qualified experts. Using this guide does not necessitate needing a ��������Ƶ account - we simply want to help you make the best decision for your business. Read on below for our step-by-step guidance and information on how you can access our free template library today!

Definitions

LLC (Limited Liability Company): A type of business structure that offers limited liability protection to its owners and is easy to customize.
Secretary of State: The government office responsible for overseeing the formation of businesses in a given state.
Registered Agent: An individual or business appointed to receive important legal documents and other correspondence on behalf of the LLC.
Articles of Organization: These are the documents required to form an LLC, including information about the LLC, such as its name, purpose, and the names and addresses of the members.
Employer Identification Number (EIN): A unique nine-digit number assigned by the Internal Revenue Service (IRS) to identify a business for tax purposes.
Operating Agreement: A document outlining the roles and responsibilities of each member and the LLC’s management structure.
State and Local Regulations: Laws that are applicable to a particular business, such as obtaining any necessary licenses and permits.
Financial Institution: A bank or other financial institution offering services such as online banking and low fees.
Insurance Policies: Protection from potential losses, such as general liability insurance.
Liability Protections: Structures such as forming an LLC to protect personal assets from business liabilities.
Licenses and Permits: Official documents that are necessary for a business to operate legally.
Tax Responsibilities: Obligations to comply with taxation requirements, such as filing and payment deadlines.
Recordkeeping: The process of tracking and storing business documents, such as income and expenses.
Funding: Financial resources available to a business, such as grants, loans, and other forms of financing.
Marketing Strategy: A plan to reach target customers, such as creating a website and developing a content marketing strategy.

Contents

1. Understanding the Basics of an LLC
2. Researching the advantages and disadvantages of LLCs
3. Choosing a Business Name
4. Checking availability of the name
5. Making sure the name complies with state laws
6. Appointing a Registered Agent
7. Researching state requirements
8. Finding a qualified individual or business
9. Filing the Articles of Organization
10. Gathering the required documents
11. Submitting the documents to the state
12. Obtaining an Employer Identification Number
13. Applying for an EIN from the IRS
14. Creating an Operating Agreement
15. Researching state requirements
16. Setting up the agreement with all members
17. Complying with State and Local Regulations
18. Researching regulations
19. Ensuring compliance with all regulations
20. Setting Up Bank Accounts
21. Choosing the right financial institution
22. Opening the accounts
23. Protecting Your Assets
24. Setting up insurance policies
25. Setting up liability protections
26. Obtaining Necessary Licenses and Permits
27. Researching required licenses and permits
28. Applying for the necessary licenses and permits
29. Understanding Tax Responsibilities
30. Researching taxation requirements
31. Setting up a system to track and pay taxes
32. Keeping Records
33. Researching recordkeeping requirements
34. Setting up a system to track and store records
35. Securing Funding and Other Resources
36. Researching funding options
37. Applying for funding
38. Attracting and Retaining Customers
39. Developing a marketing strategy
40. Implementing the plan

Get started

Understanding the Basics of an LLC

• Research what an LLC is, its purpose, and its benefits
• Learn about the different types of LLCs, such as a single-member LLC and multi-member LLC
• Understand the legal aspects of forming an LLC, such as filing articles of organization with the state, appointing a registered agent, and drafting an operating agreement
• Determine the best state to form your LLC
• Research any other regulations or laws that may affect your LLC

When you can check this off your list:

• You have researched and understood the basics of an LLC, including different types, legal aspects, and regulations.

Researching the advantages and disadvantages of LLCs

• Understand the benefits of an LLC, such as limited liability protection and flexible taxation options
• Research the disadvantages of an LLC, such as required formalities and the potential for double taxation
• Compare and contrast LLCs to other business structures, such as corporations, sole proprietorships, and partnerships
• Utilize reliable sources to research the advantages and disadvantages of an LLC, such as legal and business websites
• When you have an understanding of the advantages and disadvantages of forming an LLC, you can check this step off your list and move on to the next step of choosing a business name.

Choosing a Business Name

• Brainstorm some potential business names that fit your LLC
• Research potential business names to ensure they are not already taken
• Make sure the business name you choose complies with the rules of your state
• Choose a business name that reflects the nature of your LLC
• Once you have chosen a business name, you are ready to check its availability
• You can check the availability of your business name by conducting a search through the Secretary of State website or database
• When you have confirmed that your business name is available, you can move onto the next step of checking its availability.

Checking availability of the name

• Check the availability of your business name with the Secretary of State in the state where you plan to form your LLC.
• Check the database of fictitious names of the Secretary of State to make sure the name you chose is not already taken.
• If the name is available, you can reserve it with the Secretary of State.
• Once you reserve the name, you can check this step off your list and move on to making sure the name complies with state laws.

Making sure the name complies with state laws

• Contact your state’s department of revenue or secretary of state to determine if the name of your LLC meets the state’s requirements
• Rules may vary by state but typically cannot be similar to the name of an existing business, must include the phrase ““Limited Liability Company”” or the abbreviation ““LLC”” and should not include terms restricted by the state
• You will know when you have completed this step when you have contacted the relevant state agency and confirmed that the name of your LLC meets the state’s requirements.

Appointing a Registered Agent

• Research what companies are available to serve as your Registered Agent
• Choose a Registered Agent and make sure your business name and address is on record with them
• Make sure the Registered Agent is licensed to do business in the same state your LLC is located in
• File the appropriate paperwork with the state to indicate who your Registered Agent is
• You will know you have completed this step when you have filed the paperwork with the state and the Registered Agent has accepted the appointment.

Researching state requirements

• Visit your state’s secretary of state website to read up on the requirements for forming an LLC in your state.
• Look for information on filing fees and documents required for filing.
• Consider researching any other requirements that may be peculiar to your state, such as special restrictions or conditions.
• Once you have a good understanding of the necessary requirements, you can check off this step and move on to the next one.

Finding a qualified individual or business

• Research the qualifications and experience of business advisors and attorneys who can help you form an LLC.
• Ask for referrals from friends and family who have started an LLC in the past.
• Talk to the advisors and attorneys you are considering hiring to determine if they can meet your needs.
• Make sure the person or business you hire is licensed to practice in your state and is familiar with the applicable laws and regulations.
• When you have selected a qualified individual or business to help you form your LLC, you can check this step off your list and move on to the next step.

Filing the Articles of Organization

• Obtain the Articles of Organization form from the Secretary of State’s office in the state you wish to form your LLC in
• Fill out the form with required information such as the name of your LLC, its purpose, and the registered agent
• Submit the form to the Secretary of State with the required filing fee
• You will know that you have completed this step when you receive confirmation from the Secretary of State of the filing and the LLC has been officially formed

Gathering the required documents

• Gather the following documents for your LLC:
• Completed Articles of Organization
• Operating Agreement
• Business Licenses
• EIN (Employer Identification Number)
• Submit these documents to the Secretary of State office to complete the filing process
• Receive your Certificate of Formation from the Secretary of State office, which confirms that your LLC is official
• Once you have the Certificate of Formation, you can move on to the next step.

Submitting the documents to the state

• Gather all necessary documents for your LLC filing, including the Articles of Organization, the Operating Agreement, and any required state forms
• Submit the documents to the Secretary of State’s office in your state, either by mail or online
• Depending on your state, you may need to pay a filing fee when you submit your documents
• You will receive a confirmation from the state when your LLC is officially formed, usually within a few days of submitting the documents
• Once you have the confirmation, you can move on to the next step of obtaining an Employer Identification Number (EIN) for your LLC.

Obtaining an Employer Identification Number

• Contact the IRS to obtain an Employer Identification Number (EIN) for your LLC
• You can apply for an EIN online, by fax, or by mail
• When applying for an EIN, you’ll need to provide details about your LLC, such as its legal name, address, and the name and Social Security Number of a responsible party
• Once you’ve submitted the application, you’ll receive your EIN within one business day
• You’ll know the process of obtaining an EIN is complete when you receive your EIN from the IRS.

Applying for an EIN from the IRS

• Visit the IRS website to apply for an EIN online
• Provide the required information, including your LLC name, address, and other business information
• Submit the form and wait for the IRS to process your application
• Once the application is processed, you’ll receive a confirmation letter with your EIN
• You’ll know when you’ve completed this step when you have received the confirmation letter with your EIN.

Creating an Operating Agreement

• Research the LLC formation laws of your state
• Draft an operating agreement with the help of a lawyer or online template
• Include provisions for the management, ownership, and distribution of profits
• Have all members sign the agreement
• File the agreement with the state or keep it as a private document
• Review other state-specific requirements, such as naming and registered agent rules
• You have completed this step when the operating agreement is finalized, signed, and filed (or kept as a private document).

Researching state requirements

• Check with your state government website to find out what is needed to form an LLC in your state
• Research the filing fees and any other applicable taxes that you will need to pay
• Read through any required forms that you will need to complete to form your LLC
• Get an understanding of any filing deadlines that you will need to meet
• When you have a clear understanding of the requirements and have all of the necessary papers and fees ready, you can move on to setting up the agreement with all members.

Setting up the agreement with all members

• Draft a Member Control Agreement (MCA) that outlines the rights and responsibilities of each LLC member
• Make sure the MCA includes:
• Operating procedures
• Distribution of profits and losses
• Decision-making processes
• Contributions from members
• Withdrawal and dissolution rules
• Dispute resolution procedures
• Have all LLC members sign the MCA
• File the MCA with the LLC records
• When all members have signed the MCA and it is filed with the LLC records, this step is complete and you can move on to the next step.

Complying with State and Local Regulations

• Research the state and local regulations and requirements for LLCs, such as fees, licenses, and taxes
• Check and make sure that the name you chose for your LLC is still available and meets the requirements of the state
• Understand and comply with any zoning laws that might apply to your business
• Ensure that you have the proper permits and licenses needed to conduct your business
• Understand the state and local tax laws applicable to your LLC and register for any necessary taxes
• Make sure you are familiar with all laws and regulations that may affect your LLC
• Determine if you need to obtain any special insurance for your LLC
• When you have completed research, filed all the necessary paperwork, and obtained any licenses or permits, you are ready to move on to the next step.

Researching regulations

• Research the LLC laws in your state to determine if there are additional legal requirements that you will have to meet.
• Check with your local government to see if there are any additional regulations you must follow.
• Look into any federal laws that may apply to your LLC.
• Make sure that you understand all of the regulations and laws that govern your LLC and are in compliance with them.

How you’ll know when you can check this off your list and move on to the next step:

• When you have a thorough understanding of the LLC laws and regulations that apply to your business and have taken all the necessary steps to ensure compliance, you can check this step off your list and move on to the next step.

Ensuring compliance with all regulations

• Research the local, state, and federal regulations that apply to your LLC.
• Ensure that the type of LLC you are forming follows all the rules and regulations associated with it.
• Obtain the necessary licenses and permits for your LLC to operate.
• File all the appropriate forms with the government and pay the applicable fees.
• You will know when you have successfully completed this step when all of your forms have been filed and accepted and all the applicable fees have been paid.

Setting Up Bank Accounts

• Determine the type of bank accounts you need (e.g. operating, payroll, etc.)
• Research which financial institutions offer the best rates and services
• Open the required accounts with the chosen financial institution
• Make sure to provide all the details of your new LLC when you open the accounts
• Ensure the accounts are all linked together
• Keep records of all bank account transactions
• Once all the accounts are opened and linked, you can move on to the next step.

Choosing the right financial institution

• Research different banks and credit unions to find the best fit for your LLC’s needs.
• Consider factors such as the fees associated with accounts, the customer service available, the types of accounts offered, and the ease of online and mobile banking.
• Speak with a representative from the financial institution you choose to ensure that they’re a good fit for your LLC’s needs.
• When you’ve made your choice, you can be confident that you’ve chosen the right financial institution for your LLC and can move on to the next step.

Opening the accounts

• Gather the necessary paperwork, such as a copy of your Articles of Incorporation, EIN, and any other relevant documents
• Contact the financial institution of your choice to open any accounts you need for your business
• Fill out any required forms and provide the necessary information
• Sign any necessary documents and pay any applicable fees
• Receive and review your new account numbers and other relevant information
• Transfer any necessary funds into the new accounts
• You will know this step is complete when you have received all of the necessary information and have all of the appropriate accounts opened and funded.

Protecting Your Assets

• Research and decide whether you need an asset protection strategy
• Contact a lawyer to help you set up a limited liability company (LLC) or other business structure to protect your personal assets
• Transfer any assets you want to protect into the LLC
• Make sure you keep the LLC separate from your personal accounts
• Make sure that you follow all of the laws and regulations regarding LLCs
• Keep track of all of the LLC’s records and financial accounts
• When all of the steps are complete, you can move on to setting up insurance policies for your LLC.

Setting up insurance policies

• Research and decide which types of insurance you need to protect your LLC such as: liability, property, health, auto, workers’ compensation, and life insurance
• Contact an insurance provider and research different policies to find the best one for your LLC
• Purchase the insurance policies and ensure that your LLC is properly covered
• Keep all your insurance documents in a safe place
• When you have purchased the necessary insurance policies, you can move on to the next step of setting up liability protections.

Setting up liability protections

• Research the laws of the state where you are forming your LLC
• Determine the type of liability protection you will need for your LLC
• Draft an operating agreement for your LLC that outlines the liabilities and responsibilities of members
• File the operating agreement with the state
• When the agreement is accepted and approved, you can move on to obtaining necessary licenses and permits.

Obtaining Necessary Licenses and Permits

• Determine the types of licenses or permits you need for your LLC - identify local, state, and federal requirements
• Research the documents you need to provide for each license or permit
• Complete and submit the necessary applications
• Pay the associated fees

You’ll know you can move on to the next step when you’ve obtained all the necessary licenses and permits.

Researching required licenses and permits

• Check the applicable state’s website for information about required licenses and permits for LLCs
• Understand the local business regulations and required documents for LLCs
• Search for any industry-specific requirements that your LLC may need
• Contact your local Small Business Development Center for advice on how to obtain the necessary licenses and permits
• Once you have a list of all the necessary licenses and permits, you can move on to the next step.

Applying for the necessary licenses and permits

• Gather all required documents and information. This may include business name, address, type of business, owners, etc.
• Fill out the necessary forms for the state and local authorities.
• Submit the forms and any required fees.
• Wait for the forms to be processed and approved.
• Once approved, you’ll receive the necessary licenses and permits.

How you’ll know when you can check this off your list and move on to the next step:

• You’ll know you can check this step off your list and move on to the next step when you receive the necessary licenses and permits from the state and local authorities.

Understanding Tax Responsibilities

• Review the taxation requirements of your state or country and determine if there are any additional taxes you’ll need to pay as an LLC
• Consult with a financial or tax advisor to ensure that you understand your obligations and responsibilities with taxes
• Make sure to register with the proper tax authorities, such as the IRS and your state’s department of revenue
• Determine if you’ll need to pay estimated taxes throughout the year
• Familiarize yourself with the differences between an LLC and a corporation when it comes to taxes
• When you have a clear understanding of your taxation requirements and you’ve registered with the necessary authorities, you can check this step off your list and move on to the next step.

Researching taxation requirements

• Determine the tax filing requirements for your LLC in your state.
• Research federal taxes that may be applicable to your LLC, such as self-employment tax, income tax, and payroll taxes.
• Consider your tax filing status, such as single-member, multi-member, or disregarded.
• Research any applicable tax credits and deductions that may be available to your LLC.

Once you have researched the taxation requirements for your LLC, you can move on to setting up a system to track and pay taxes.

Setting up a system to track and pay taxes

• Decide on a payroll system that fits your business needs
• Set up a bookkeeping system to track income and expenses
• Determine if you will need to make estimated quarterly tax payments
• Create a system for keeping records of all taxes paid
• Create a process for filing and paying taxes on time
• When all systems are in place, you can check this off your list and move on to the next step.

Keeping Records

• Choose an accounting software that’s best suited to the size and needs of your LLC.
• Decide whether you’ll use a paper-based or digital filing system for organizing your business records.
• Make sure you’re keeping records of all bank transactions and transactions with vendors.
• Ensure your recordkeeping system includes a way to track inventory, accounts payable, accounts receivable, and payroll.
• When you’ve established an efficient recordkeeping system, you can check this off your list and move on to researching recordkeeping requirements.

Researching recordkeeping requirements

• Find out what recordkeeping requirements your state has for LLCs.
• Contact your Secretary of State’s office or local business licensing office to get more information on the recordkeeping requirements in your state.
• Make sure you are up to date on all recordkeeping requirements that apply to your LLC.
• You can check this off your list when you have a clear understanding of the recordkeeping requirements in your state.

Setting up a system to track and store records

• Decide what type of system you want to use for tracking and storing records (e.g. physical filing system, online filing system, etc)
• Identify what type of records you will need to track and store
• Create a filing system that will make it easy to organize and access records when needed
• Determine what type of backup system you will use to store records securely
• Set up the system, including any additional tools, software, or hardware you will need
• When the system is set up and working, you can move on to the next step.

Securing Funding and Other Resources

• Research potential sources of funding such as government grants, private investments, or crowdfunding
• Make a detailed budget plan that includes start-up costs and projected revenue
• Reach out to prospective investors and funding sources
• Secure the necessary funding to get started
• When you have secured the necessary funding, you can move on to the next step of researching funding options.

Researching funding options

• Identify potential sources of funding, such as angel investors, bank loans, grants, crowdfunding, or venture capital
• Research the requirements for each funding option, including eligibility, timelines, and application processes
• Create a timeline for your funding research, including when you need to complete applications, how long the process takes, and when you can expect a response
• When you have identified the best funding option for your LLC, complete the appropriate application and submit it
• When your application is approved, you can check this step off your list and move on to the next step.

Applying for funding

• Determine the amount of money you need and the type of funding you will pursue.
• Research different funding sources and narrow your list down to those that meet your criteria.
• Prepare a detailed business plan for potential funders to review.
• Contact funding sources and provide them with the necessary information.
• Negotiate the terms of the funding agreement.
• Sign and execute the funding agreement.

You’ll know you’ve completed this step when you have signed and executed the funding agreement.

Attracting and Retaining Customers

• Identify your target market and the best ways to reach them
• Establish relationships with businesses within the same industry
• Develop customer loyalty programs, such as discounts, rewards and referral programs
• Create a customer feedback survey
• Utilize social media to increase awareness and to engage with customers
• Stay up to date with industry trends and customer needs
• Regularly assess customer feedback and make adjustments to your services or products
• Monitor customer retention rates

When you can check this off your list and move on to the next step:

• You have identified the best ways to reach your target market
• You have established relationships with businesses within the same industry
• You have developed customer loyalty programs
• You have created a customer feedback survey
• You have utilized social media to increase awareness and engage with customers
• You have stayed up to date with industry trends and customer needs
• You have assessed customer feedback and made adjustments to your services or products
• You have monitored customer retention rates

Developing a marketing strategy

• Research the competitive landscape to understand what strategies your competitors are using
• Create a list of target markets and identify potential strategies to reach those markets
• Consider the most effective marketing tactics, such as digital marketing, email campaigns, and print advertising
• Develop a budget for your marketing efforts
• Create a timeline for implementing your marketing strategy
• Track the results of your efforts and adjust as needed

How you’ll know when you can check this off your list and move on to the next step:

• Once you have conducted research, developed a list of target markets, identified potential strategies, developed a budget, and created a timeline and tracked progress, you can move on to the next step.

Implementing the plan

• Choose a business name and check it is not already in use
• Register with the state you plan to operate in
• Appoint a registered agent
• File the Articles of Organization
• Obtain an EIN
• Open a business bank account
• Determine your tax obligations
• Apply for necessary permits and licenses
• Publish a notice of your LLC’s formation (if required)
• Draft an operating agreement

You can check off this step when you have chosen a business name, registered with the state, appointed a registered agent, filed the Articles of Organization, obtained an EIN, opened a business bank account, determined the tax obligations, applied for any necessary permits and licenses, published a notice of formation (if required), and drafted an operating agreement.

FAQ

Q: What are the differences between forming an LLC in the United States, the United Kingdom, and the European Union?

Asked by John on January 15th 2022.
A: The process for forming an LLC in the United States, the UK, and the EU can vary greatly. In the US, LLCs are formed by filing articles of organization with the state’s secretary of state office. In the UK, LLCs are formed by registering a company with Companies House. In the EU, LLCs must be registered as a company in each individual country they operate in.

Each of these countries has its own set of laws and regulations that must be followed when forming an LLC. Generally speaking, in the US you’ll need to pay a filing fee, provide information about the company’s owners and members, and submit a certificate of formation. In the UK, you’ll need to provide information about directors and shareholders, as well as financial statements to Companies House. In the EU, you’ll need to comply with each individual country’s regulations and laws.

Q: What should I consider when deciding between forming an LLC or another type of business entity?

Asked by Laura on April 5th 2022.
A: When deciding between forming an LLC or another type of business entity, there are several factors to consider. Firstly, consider how much control you want over your business decisions - with an LLC you have more flexibility as decisions can be made by members rather than shareholders. Secondly, consider what kind of liability protection you need - LLCs can provide more protection than some other forms of business entity. Thirdly, think about taxation - LLCs often have more tax advantages than other forms of business entity. Finally, consider whether you need to raise capital - if you plan to raise capital from investors then you may need to form a different type of business entity such as a corporation or limited partnership.

Q: How do I know if I need to form an LLC or not?

Asked by Michael on August 17th 2022.
A: The decision to form an LLC depends on your individual circumstances. Generally speaking, if you plan to operate a business with multiple owners then it is advisable to form an LLC as it provides liability protection for each member and allows for flexible decision making. Additionally, if you plan to raise capital from investors then forming an LLC may be necessary in order to do so legally and securely. However, if you are operating a small business with just one owner then it may not be necessary to form an LLC in order to protect yourself from liability - instead other forms of business entity such as sole proprietorships can be used. Ultimately it is best to seek professional advice when deciding whether or not forming an LLC is right for your specific needs and situation.

Q: What documents do I need to form an LLC?

Asked by Matthew on November 21st 2022.
A: The documents needed to form an LLC vary depending on where it is being formed - for example in the US it is necessary to file articles of organization with the state’s secretary of state office while in the UK it is necessary to register a company with Companies House and in the EU it is necessary to register a company in each individual country where it will operate. Generally speaking however there will typically be some form of certificate or registration document that needs to be completed as well as information about directors/members/shareholders and potentially financial statements depending on where it is being formed. It is always best to check with local authorities for specific requirements as these can vary from place to place.

Q: Is there any paperwork I need to file after I’ve formed my LLC?

Asked by Ashley on December 8th 2022.
A: Once your LLC has been formed there may be additional paperwork that needs to be filed depending on where it was formed - for example in some states in the US annual reports may need to be filed with the secretary of state office while in some countries in Europe additional documents may need to be filed with local authorities each year or when changes occur such as new directors being appointed. Additionally, depending on your industry and sector certain permits or licenses may also need to be obtained from local authorities in order for your business operations to comply with local laws and regulations. Again, it is always best to check with local authorities for specific requirements as these can vary from place to place.

Example dispute

Suing an LLC:

• The plaintiff must be able to prove that the LLC was negligent in some way, either due to a breach of contract, a violation of a statute, or another legal basis.
• Depending on the state, the plaintiff may need to file a complaint with the Secretary of State or the court to commence the lawsuit.
• The plaintiff must provide evidence that the LLC was at fault in some way.
• The plaintiff must also provide evidence of the extent of their damages, such as medical bills, lost wages, and other costs.
• The plaintiff can seek a settlement or a judgement against the LLC.
• If the court finds in favor of the plaintiff, they can award damages to the plaintiff, including compensatory damages, punitive damages, and other remedies.

Templates available (free to use)

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