Step by Step Guide on How To Set Up an LLC
So you’ve decided to take that next big step and start a business or side hustle. You have your idea, business plan and everything else in place but now need to make your business legitimate. Many small business owners decide to set up an LLC for the liability protection it provides. An LLC, or limited liability company, exists separately from its owners , and the owners are, therefore not personally responsible for business debts.
To form an LLC, you'll need to file paperwork with the state where your business is located. Every state has its own rules and procedures, but there are several steps you'll need to follow to get your LLC up and running, no matter where you live.
Step 1: Choose a name for your LLC
Get creative and choose a business name that will stand out and be memorable. Keep in mind however that most states do not allow two different business entities to have the same name. So do your research and make sure your business name is not already taken. You can't, for example, have "Lilly’s Pup Treats, LLC" and "Lilly’s Pup Treats, Inc.," even if they're located in different cities.
Do a google search and check with the US patent and trademark office to see if your proposed LLC name is available. Choosing a unique name can help avoid confusion and trademark infringement claims. Also consider whether a domain name is available that matches your business name, you will want everything to be as cohesive as possible.
If the name you've selected is available, but you aren't ready to file your LLC documents right away, you may want to consider reserving the name. Nearly every state allows you to reserve a name by filing a form and paying a name reservation fee. The length of the reservation period, filing fees, and renewal policies vary from state to state.
Step 2: Choose a registered agent
Almost every state requires LLCs to name a registered agent. A registered agent is a person who agrees to receive official documents (lawsuits, subpoenas, etc) on behalf of the LLC and to pass them along to the appropriate person at the LLC. You, the officer can be the registered agent or you can assign someone like your accountant that role if he/she set your business up for you. Some companies, like legal zoom provide registered agent services for a fee.
Step 3: File organizational paperwork with your state
You will need to file articles of organization that list things such as:
The name and address of the LLC
The length of its existence, if not perpetual
The name and address of the registered agent
The purpose for which the LLC was formed
The paperwork usually must be signed by the person forming the LLC, and in some states, the registered agent must also sign. The filing fee varies from state to state
Step 4: Prepare an LLC operating agreement
The operating agreement typically isn't filed with the state and and is usually not required by state laws. However, it is an essential way for business owners to define their rights and responsibilities and minimize future disagreements. An LLC operating agreement is a roadmap that describes how your LLC will run. Common provisions in this agreement include the statement of intent, its business purpose, the time period during which it will operate, how it will be taxed, new LLC member admissions, and member capital contributions.
Step 5: Determine licenses needed
After the LLC's formation documents are filed and approved, the state will issue a certificate or other document confirming that your LLC now exists. Once you've received the certificate, you can determine whether or not you will need specific permits or licenses—like a zoning permit or liquor license, that your business may need.
Step 6: Get an EIN
The next step is to get your Employer Identification Number (EIN). Your EIN kind of like a Social Security Number for your business. Not only is it unique to your business, but it's crucial for particular business necessities like banking, taxes, and even hiring employees.
Step 7: Register to do business in other states (optional)
If your LLC does business in more than one state, you may need to register to do business in other states. To do this, you'll need to fill out and submit paperwork that's similar to the paperwork you filed when you formed your LLC. You'll also need a registered agent in each state where you are authorized to do business.
An LLC is a popular and flexible business option that works well for many small business owners. LLCs are typically pretty easy to set up and maintain.
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