Registering an LLC requires filing a document called Articles of Organization with your state’s business filing office, typically the Secretary of State. The process takes anywhere from a few minutes to a few weeks depending on whether you file online or by mail, and initial filing fees range from about $35 to $500 depending on the state. Here’s what to do, step by step.
Choose a Name for Your LLC
Every state requires your LLC name to be distinguishable from other business entities already on file. Before you fill out any paperwork, search your state’s business name database (usually available on the Secretary of State’s website) to confirm the name you want is available. Most states also require your name to include “LLC” or “Limited Liability Company” somewhere in it.
If you want to operate under a different public-facing name, you can file a “doing business as” (DBA) registration separately. That’s optional and involves a small additional fee, but it lets you use a brand name that differs from your legal LLC name.
Designate a Registered Agent
Every LLC needs a registered agent, which is a person or company authorized to receive legal documents on behalf of your business. If someone sues your LLC or the state sends official notices, the registered agent is the point of contact. The agent’s job is to accept those documents and forward them to you promptly.
You can serve as your own registered agent in most states, and so can a business partner, employee, or officer. The key requirements are that the agent must have a physical street address in the state where the LLC is registered (not a P.O. box) and must be available during normal business hours. An LLC cannot act as its own registered agent, but a separate company can. Commercial registered agent services typically charge $50 to $300 per year and are a practical option if you don’t want to list your home address in public records or worry about being available to accept documents in person.
File Articles of Organization
This is the core legal step. Articles of Organization is the document that officially creates your LLC. You file it with your state’s Secretary of State or equivalent business filing office, either online or by mail. Online filing is faster and in many states gives you same-day or next-day approval. Mail filings can take several weeks.
The information you’ll typically need to provide includes:
- LLC name as confirmed in your name search
- Principal office address for the business
- Registered agent name and address
- Names of organizers or members (some states require member names, others only need the organizer who files the paperwork)
- Effective date if you want the LLC to start on a future date rather than immediately
- Management structure, meaning whether the LLC will be managed by its members (owners) or by designated managers
Typing your name in the signature block counts as a valid electronic signature in states that accept online filings. Once the state approves your filing, you’ll receive a confirmation or a stamped copy of your articles, which serves as proof your LLC exists.
What It Costs to File
Initial filing fees vary widely by state, generally falling between $35 and $500. Most states also charge ongoing fees. Annual or biennial report fees are common and typically range from $0 to a few hundred dollars. Some states charge these as flat fees, while others base the amount on your LLC’s revenue or assets. Missing the deadline for these reports can trigger late fees, and some states will administratively dissolve your LLC if you fall behind.
Beyond the state filing fee, optional costs include certified copies of your documents (often $5 to $30), expedited processing fees if you need faster approval, and commercial registered agent services. If you hire a lawyer or online formation service to handle the filing, expect to pay anywhere from $50 to $500 on top of state fees.
Get an EIN From the IRS
An Employer Identification Number (EIN) is essentially a Social Security number for your business. You need one if your LLC has more than one member, if you plan to hire employees, or if you want a business bank account (most banks require it). Even single-member LLCs benefit from having an EIN because it keeps your personal Social Security number off business documents.
Applying is free and takes just a few minutes through the IRS website. You’ll need to have already filed your Articles of Organization with your state before applying. The online tool asks for basic information about your business and the “responsible party,” which is typically the owner. You’ll need that person’s Social Security number or Individual Taxpayer Identification Number. If approved, the IRS issues your EIN immediately on screen.
The online application is available Monday through Friday from 6:00 a.m. to 1:00 a.m. Eastern, Saturdays from 6:00 a.m. to 9:00 p.m., and Sundays from 6:00 p.m. to midnight. One important note: the session expires after 15 minutes of inactivity, and you can’t save your progress. Have your information ready before you start. You can also apply by phone, fax, or mail if the online option doesn’t work for you.
Create an Operating Agreement
An operating agreement is an internal document that spells out how your LLC will be run. It covers ownership percentages, how profits and losses are divided, voting rights, what happens if a member wants to leave, and how disputes are resolved. Some states require one by law, but even where it’s not legally required, having an operating agreement is important.
Without one, your state’s default LLC rules govern your business. Those defaults may not match what you and your co-owners actually agreed to. For single-member LLCs, an operating agreement still matters because it reinforces that your business is a separate legal entity from you personally, which strengthens the liability protection that’s one of the main reasons to form an LLC in the first place.
Open a Business Bank Account
Once you have your approved Articles of Organization and your EIN, open a dedicated bank account for your LLC. Keeping business and personal finances separate isn’t just good bookkeeping. It protects the limited liability that the LLC provides. If you mix personal and business funds (sometimes called “commingling”), a court could decide your LLC isn’t truly separate from you and hold you personally responsible for business debts.
Most banks will ask for your Articles of Organization, EIN confirmation letter, operating agreement, and a government-issued ID. Some also want to see your LLC’s ownership structure or a resolution authorizing who can sign on the account.
Handle State Tax and Licensing Requirements
Forming your LLC doesn’t automatically set you up to collect sales tax, pay employees, or operate in a regulated industry. Depending on your business, you may need to register for a state sales tax permit, set up a state employer withholding account, or obtain industry-specific licenses or permits. Check with your state’s tax agency and your local government to see what applies.
On the federal side, LLCs have flexibility in how they’re taxed. A single-member LLC is taxed as a sole proprietorship by default, meaning business income flows through to your personal tax return. A multi-member LLC is taxed as a partnership by default. Either type can elect to be taxed as an S corporation or C corporation by filing the appropriate form with the IRS. The right choice depends on your income level, whether you have employees, and how you pay yourself.
Federal Reporting for Domestic LLCs
As of March 2025, domestic LLCs are exempt from filing Beneficial Ownership Information (BOI) reports with FinCEN, the Financial Crimes Enforcement Network. An interim final rule revised the Corporate Transparency Act’s requirements so that only foreign entities registered to do business in the U.S. must file BOI reports. FinCEN has stated it will not enforce BOI penalties or fines against U.S. citizens or domestic reporting companies.
Be cautious of scam letters or emails claiming you owe a fee for BOI filing. There is no fee to file directly with FinCEN, and FinCEN does not send correspondence requesting payment or initial penalty notices by email or phone.