Forming a limited liability company (LLC) is the best way to gain personal asset protection and add credibility to your startup or small business. To start an LLC, you need to choose a unique business name, file your state’s formation documents, and comply with additional requirements such as appointing a registered agent and obtaining an EIN.
Whether you’re launching a tech startup or local business, you can follow our step-by-step guide below or hire a formation service to handle the paperwork — it’s simpler than you might think.
- Select Your State
- Name Your LLC
- Choose a Registered Agent
- File Formation Documents
- Create an Operating Agreement
- Get an EIN
- Ensure Legal & Tax Compliance
Want to streamline the process? Northwest can form your LLC for just $29 plus the state fee.
TLDR: LLC Formation Essentials
- What is an LLC? – A limited liability company (LLC) provides personal asset protection, flexible tax options, and reduced paperwork compared to corporations while maintaining professional credibility
- Formation process – Choose a state, select a unique name with “LLC” designation, appoint a registered agent, file Articles of Organization, create an operating agreement, get an EIN, and ensure tax and legal compliance
- Formation options – Either DIY using our comprehensive step-by-step guide below or hire a professional LLC formation service to handle the process for you
- Post-formation steps – Open a separate business bank account, obtain necessary licenses and permits, set up proper accounting systems, and maintain compliance with annual state filing requirements
The Complete Guide to Starting Your LLC
Starting an LLC doesn’t have to be complicated. This comprehensive guide breaks down the entire formation process into manageable steps, from selecting your state to fulfilling all legal requirements.
We’ll walk you through each step with clear instructions and insider tips to save you time and prevent costly mistakes. By the end of this guide, you’ll have all the information you need to successfully form your LLC and get your business up and running.
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Form your LLC for just $29 plus state fees, and enjoy unmatched customer support, privacy protection, and a free year of registered agent service.
Start NowStep 1: Select Your State
For most entrepreneurs, forming your LLC in your home state is the simplest and most cost-effective approach. While states like Delaware and Wyoming are known for business-friendly laws, choosing your home state avoids the need to register as a foreign LLC elsewhere, minimizing additional paperwork and fees.
Every state has its own quirks when it comes to LLC formation. Filing fees, processing times, and specific requirements can vary significantly.
Find your state-specific guide below:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
Step 2: Name Your LLC
Your LLC name isn’t just about clever branding — it’s a legal identifier that needs to follow state rules. Think of it as the foundation of your business identity. You want something memorable that customers can easily find, but it also needs to satisfy your state’s legal requirements.
Here are a few common LLC naming rules:
- Includes the words “Limited Liability Company,” “Limited Company” or Initials “LLC” or “L.L.C.”
- Name cannot include indicators of other business entities
- Name cannot contain restricted words or phrases (such as bank, attorney, and university) without approval
Our LLC name search guide walks you through confirming availability in your state.
Need help with name ideas? Try our business name generator to spark creativity. And don’t forget to secure your domain:
Step 3: Choose A Registered Agent
Every LLC needs a registered agent — think of them as your company’s official point of contact for legal and government communications. This person or entity accepts important documents like lawsuits, subpoenas, and official notices on behalf of your business. While it might seem like a small detail, having the right registered agent is crucial for maintaining your LLC’s good standing.
In most states, a registered agent must meet these requirements:
- is 18 years or older
- has a physical address in the state where business is conducted
- is available (in person) during normal business hours
Most business owners choose to use a professional registered agent service. These typically cost $100-$300 annually, but provide valuable benefits: privacy protection (keeping your personal address off public records), reliability (ensuring you never miss important notices), and convenience (especially if you travel frequently).
Get Free Registered Agent Services
Northwest offers a free year of registered agent service when you form your LLC with them.
Start an LLCStep 4: File Your Articles of Organization
This is where your LLC officially comes to life. Articles of Organization (sometimes called Certificate of Formation or Certificate of Organization in certain states) is the document that transforms your business idea into a legally recognized entity.
The specific requirements vary by state, but most Articles of Organization include some standard information:
- Your LLC’s name and principal address
- The purpose of your business (which can be stated generally as “any lawful business activity”)
- Your registered agent’s information
- Your management structure (member-managed or manager-managed)
- The names and addresses of the organizers filing the paperwork
How to File Formation Documents
Filing has gotten much easier in recent years, with most states offering online submission options:
Simply visit your state’s business filing portal (usually through the Secretary of State website), complete the required forms, pay the filing fee (which ranges from $40 to $500 depending on your state), and submit your application.
Processing times vary significantly by state — from same-day approval with online filing to several weeks for mail submissions. If you’re in a hurry, many states offer expedited processing for an additional fee.
It’s also important to watch out for publication requirements in states like Arizona, Nebraska, and New York. These states require you to publish a notice about your new LLC in local newspapers, which can add to your startup costs.
Step 5: Create an LLC Operating Agreement
Although not legally required in most states, an operating agreement is a smart investment. It acts as your LLC’s rulebook, defining operations, ownership rights, and dispute resolution.
For single-member LLCs, it reinforces the separation between personal and business finances, protecting your assets in legal matters. For multi-member LLCs, it’s essential for preventing conflicts over decisions, profits, and ownership changes.
What to Include in Your Agreement
A solid operating agreement addresses the details that matter most to your specific business situation:
- Who owns what percentage of the company and what capital contributions they’ve made.
- How decisions get made — by majority vote, unanimous consent, or some other method.
- How profits and losses are divided among members.
- What happens if someone wants to sell their portion, leave, or if you need to bring in new members.
- What happens if you eventually need to dissolve the business.
You can also download a template or create a custom Free LLC Operating Agreement using our online tool.
Step 6: Get an EIN
An Employer Identification Number (EIN) is like your business’s Social Security number (SSN) — a unique nine-digit identifier issued by the IRS. Even if you don’t plan to hire employees right away, getting an EIN is a smart move for most LLCs.
Getting Your EIN Is Simple (and Free)
The easiest way to get your EIN is through the IRS website. The online application takes about 15 minutes, and you’ll receive your EIN immediately upon completion.
Step 7: Ensure Legal & Tax Compliance
Meeting tax and regulatory obligations is crucial to keeping your LLC compliant and running smoothly. Key considerations include:
- Obtain Necessary Business Licenses & Permits: Certain industries and locations require specific licenses or permits to operate legally. Check with your local, state, and federal authorities to ensure compliance.
- Register for State Taxes: If your LLC sells taxable goods or services, you may need to collect and remit sales tax. If you have employees, you’ll need to register for state payroll taxes and unemployment insurance.
- Understand Federal Tax Obligations: Your LLC’s tax responsibilities depend on how it’s classified (default pass-through taxation vs. S corp election). Ensure you’re familiar with IRS requirements and deadlines.
- Set Up Business Accounting: Hiring a business accountant is one of the best ways to ensure you’re taking advantage of LLC tax benefits; possibly saving you and your company thousands of dollars per year.
Need Help Forming an LLC?
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Best LLC ServicesSteps After Forming an LLC
Congratulations on forming your LLC! However, your journey isn’t quite complete. There are several important next steps to ensure your business operates properly and maintains compliance with various regulations.
Open a Business Bank Account
This is non-negotiable. Mixing personal and business finances is one of the quickest ways to pierce your LLC’s liability protection. A dedicated business account creates clear financial boundaries, simplifies accounting, and helps establish business credit.
Get the Right Insurance
Your LLC’s liability protection has limits. Business insurance fills the gaps and provides an additional layer of security. Depending on your industry, you might need general liability insurance (protects against common risks like customer injuries), professional liability insurance (for service businesses), property insurance, workers’ comp (if you have employees), or specialized coverage for your specific industry.
File Your Annual Report
Many states require LLCs to file annual reports, which includes updating your registered agent address and paying your annual filing fee or franchise tax.
Visit our LLC annual report guide to learn more.
Monitor Beneficial Ownership Information (BOI) Reporting Details
The Corporate Transparency Act (CTA) was enacted to enhance transparency in business ownership and combat illicit activities such as money laundering and fraud. It required most LLCs to report their beneficial owners — individuals who own or control at least 25% of a company or have significant influence over its operations — to the Financial Crimes Enforcement Network (FinCEN).
However, as of March 21, 2025, FinCEN removed all BOI reporting requirements for U.S. LLCs and persons. Now, only foreign entities registered in the U.S. must file BOI reports within 30 days of registration.
For the most current information and potential future changes, visit the FinCEN website or consult a legal professional.
Benefits of an LLC
What makes LLCs so popular among entrepreneurs? It’s the unique combination of protection, flexibility, and simplicity they offer. Here’s why creating an LLC might be the right move for your startup:
Liability Protection That Matters
The “limited liability” in LLC is the star feature. It creates a legal separation between your business and personal assets. If your business faces lawsuits or can’t pay its debts, your personal property — home, personal bank accounts, vehicles — generally remains protected. You can take business risks without putting your personal financial future on the line.
Tax Options That Grow With You
Pass-through taxation entails a business’s profits passing through to the LLC member’s individual tax returns. Like a sole proprietorship, an LLC is taxed as a pass-through entity, also known as a disregarded entity.
Once this process is completed and after any tax deductible expenses are taken out, the LLC member pays self-employment taxes and income tax on their portion of the business income.
Alternatively, LLCs can choose to elect to be taxed as an S corporation (S corp) or C corporation (C corp). If S corporation tax status is elected, LLC members can be taxed as employees of the business; potentially reducing tax burden.
Less Red Tape, More Business Focus
Unlike corporations, which must hold board meetings, keep detailed minutes, and follow rigid operational protocols, LLCs face fewer ongoing formalities. There’s less paperwork, fewer required meetings, and more flexibility in how you run things. This lets you focus on growing your business instead of managing administrative requirements.
Credibility Boost
Adding “LLC” to your business name instantly signals legitimacy to customers, vendors, and partners. It shows you’ve taken steps to establish a formal business entity, which can be particularly important when you’re just starting out and building trust with new customers or approaching potential business partners.
Frequently Asked Questions
Is an LLC the right choice for my startup?
For most entrepreneurs, an LLC offers an ideal balance of liability protection, operational flexibility, and tax advantages. However, if you’re planning to seek substantial venture capital or eventually go public, a C corporation might be more suitable. Businesses planning to reinvest most profits may also benefit from corporate status due to potential tax advantages.
What are the different types of LLCs?
Limited Liability Companies (LLCs) come in various forms to accommodate different business needs:
- Domestic LLCs: Operate within the state where they were formed.
- Foreign LLCs: Registered in one state but doing business in another.
- Single-Member LLCs: Owned by one individual or entity.
- Multi-Member LLCs: Owned by multiple members.
- Professional LLCs (PLLCs): Designed for licensed professionals like doctors or lawyers.
- Series LLCs: Allow segregation of assets and liabilities among separate series.
- Low-Profit LLCs (L3Cs): Combine profit-making with a social mission.
- Anonymous LLCs: Owners’ identities are not publicly disclosed.
Each type offers unique benefits. Consulting a legal professional can help determine the best structure for your business.
Can I form an LLC myself or should I hire a service?
You can certainly form an LLC yourself by following state-specific guidelines. The process is straightforward in most states, particularly with online filing options. However, if you prefer assistance with the paperwork or want to ensure everything is filed correctly, formation services are available for $0-$399 plus state fees. Many entrepreneurs handle the formation themselves to minimize startup costs.
How long does forming an LLC take?
The timeline varies by state:
- Online filings: Typically 2-5 business days
- Mail filings: Usually 1-3 weeks
- States with publication requirements: Add 2-4 weeks
Most states offer expedited processing for an additional fee if you need faster formation.
When should I consider S corporation taxation for my LLC?
S corporation election becomes advantageous when your LLC consistently generates profits exceeding $80,000-$100,000 annually. This election can potentially reduce self-employment taxes by allowing you to take part of your income as dividends rather than employment income. However, this election comes with more stringent operational requirements. Consult with a tax professional to determine the optimal timing for your specific situation.
Can I convert my existing business to an LLC?
Yes, sole proprietorships and partnerships can be converted to LLCs through a process that involves filing formation documents, obtaining an EIN, opening new business accounts, and transferring assets and contracts to the new entity. The process varies by state but is generally straightforward. Our state-specific guides provide detailed conversion instructions.
Which state is best for forming an LLC?
For most businesses, the optimal choice is your home state — where you physically operate. While Delaware, Wyoming, and Nevada have business-friendly reputations, forming in a state where you don’t operate creates additional complications. You’ll need to register as a foreign LLC in your operating state anyway, effectively doubling your paperwork and fees.
Does my side business need an LLC?
If your side business involves potential liability risks, significant assets, or multiple owners, an LLC offers valuable protection and clarity. However, for very low-risk activities with minimal startup costs, you might begin as a sole proprietorship and convert to an LLC as your business grows. Consider factors like liability exposure, growth plans, and partnership dynamics when making this decision.
Disclaimer: This guide provides general information to help you get started with your LLC. Business formation requirements vary by state and industry, so consulting with professionals about your specific situation is recommended for comprehensive guidance.