how to form an llc diy or lawyer

by Richmond Sanford 4 min read

To form an LLC by yourself, you need to reserve a business name, appoint a registered agent, file the Articles of Organization

Articles of organization

The articles of organization are a document similar to the articles of incorporation, outlining the initial statements required to form a limited liability company in many U.S. states. Some states refer to articles of organization as a certificate of organization or a certificate of formation. Once filed and approved by the Secretary of State, or other company registrar, the articles of organization legally create th…

, obtain an Employer Identification Number

Employer Identification Number

The Employer Identification Number, also known as the Federal Employer Identification Number or the Federal Tax Identification Number, is a unique nine-digit number assigned by the Internal Revenue Service to business entities operating in the United States for the purposes of identification. When the number is used for identification rather than employment tax reporting, it is usually refer…

, and open a business bank account. The time and money you need to file an LLC yourself depend on the state where you are filing. The LLC Business Type

Full Answer

How do I form an LLC myself?

Zen Business. Zen Business is a complete online solution to help you plan and start your business. Plans start at just $49 plus state government filing fees. In addition to forming a corporation or LLC, you can find information on the business permits you need as well as where to find grants for your business.

How do I start a limited liability company in my state?

You’ve taken a big first step toward starting your LLC. Keep that momentum going by finding the perfect domain name for your business. 2. Designate a Registered Agent The state government needs a point of contact for your LLC, someone who can handle official, sensitive documents, maintenance requirements, and lawsuits.

Do I need a registered agent to form an LLC?

You can usually complete the articles of organization online or by using a form available on your Secretary of State's website. You'll need your LLC's name, the name and address of its registered agent, and other basic information, like how it will be managed or the names of the LLC owners.

Can I form an LLC in another state?

Aug 13, 2021 · It costs between $50-$500 on average to register your business. There is no legal requirement to hire an attorney to form an LLC. Most states allow LLC formation by registering the business entity on your secretary of state's website and with the Internal Revenue Service (IRS). LLCs provide advantages over sole proprietorships and general ...

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Should I Use an LLC Service, Hire an Attorney, or Form My Own LLC?

The answer to this question lies in your personal preferences, but we can give some general pointers. An attorney will cost the most by a mile, but...

Should I Form an LLC or Corporation?

This is an impossible question to answer in an across-the-board manner, as each business type has its own advantages and disadvantages. That said,...

Do I Need to Be in the USA to Set Up an LLC?

Nope! You don’t need to be physically present in America to form an LLC. You also don’t need to be an American citizen or resident. Just about anyo...

When Is the Best Time to Start an LLC?

We think you should start an LLC before you begin conducting business. While it is entirely legally acceptable to operate your business as a sole p...

How Do Online LLC Services Work?

Using an online LLC service removes much of the hassle from the business formation process. With these services, all you need to do is provide them...

Should I Set Up an LLC in a State With a Lower State Fee?

It’s not difficult to find articles online about how you should form your business in Delaware because this state has many advantages for businesse...

How to create LLC?

To create your LLC, you must file articles of organization with your state's corporate filing office, often the Secretary of State. Some states (including Delaware, Mississippi, New Hampshire, New Jersey, and Washington) use the term "certificate of formation" instead. Two other states (Massachusetts and Pennsylvania) call ...

How to choose an LLC name?

1. Choose a Name for Your LLC. The name of your LLC must comply with your state's rules. While these rules differ, most states require 1) that your LLC's name end with an LLC designator, such as Limited Liability Company or Limited Company, or an abbreviation of one of these phrases; and 2) that the name not be the same as the name ...

What is LLC in business?

A limited liability company (LLC for short) is a way to legally structure a business . It combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. Any business owner who seeks to limit his or her personal liability for business debts and lawsuits should consider ...

Who manages an LLC?

Most small LLCs choose to be managed directly by their members, but LLCs can appoint one or more people (outsiders) to manage the LLC – somewhat like a board of directors oversees a corporation. Managers vote on key issues such as taking out a loan, purchasing real estate, or changing strategic plans.

What is an operating agreement for an LLC?

This is an internal document that establishes how your LLC will be run, including how the LLC will be managed.

How much does an LLC charge for annual report?

Many states require LLCs to file an annual report with a filing fee. In some states these fees can be significant – as high as $800 per year in California. See LLC Tax and Annual Filings Requirements: 50 State Guide to find out the rules in your state.

Do LLCs need a registered agent?

The registered agent must have a physical street address in the state where the LLC is registered.

How to form an LLC by yourself?

How to LLC yourself? To form an LLC by yourself, you need to reserve a business name, appoint a registered agent, file the Articles of Organization, obtain an Employer Identification Number, and open a business bank account. The time and money you need to file an LLC yourself depend on the state where you are filing.

What is LLC name?

The LLC name must contain a company descriptor. Words like “company”, “LLC”, or “Limited Liability Company” are normally required in the name. LLC names can be reserved for a couple of weeks in most states. This is normally more than enough time for you to complete registering your company officially.

How to reserve a name for LLC?

It is a good idea to reserve a name before you officially attempt to register the LLC. This will minimize the chances of your LLC registration being rejected because of using a name that is already taken. LLC name reservation is normally done with the department of the Secretary of State, Division of Corporations. The good news is that many states have online databases where you can research the availability of any name you have in mind. In some states, you can even reserve a name online by paying a small fee. It is important to note the following requirement for naming an LLC: 1 The LLC name must be different from the names of other businesses that are already registered in the state. The level of variance required between your LLC's name and the others is determined by your state. 2 The LLC name must contain a company descriptor. Words like “company”, “LLC”, or “Limited Liability Company” are normally required in the name. 3 LLC names can be reserved for a couple of weeks in most states. This is normally more than enough time for you to complete registering your company officially.

What is an LLC registered agent?

An agent is a person or entity tasked with receiving legal papers on behalf of your LLC in the event that your company is sued.

What is an article of organization?

Typical details required on the Articles of Organization include: The name and address of the company. The names and addresses of the LLC's members and managers. A statement on whether the company will be managed by a manager or the members.

What is an employer identification number?

The employer identification number may be needed to file taxes for employees and members of the LLC. This number is an identifier of the LLC with the IRS and can be obtained by applying online. Getting a business bank account.

Can an LLC draft an operating agreement?

Drafting an operating agreement. The operating agreement is not filed with the state but is needed by the LLC to specify the roles and rights of the members. Although you can draft the agreement yourself, it is recommended that you involve a knowledgeable lawyer from your state.

How to start an LLC?

Choosing a business name is the first step in forming an LLC. You'll need to complete a business name search online to make sure your LLC name is unique and you'll need to meet your state's naming guidelines. These are some common state LLC naming rules:

What is LLC in business?

A limited liability company (LLC) is a business structure that offers the benefit of limited liability protection and flexible tax options. Read our step-by-step guide below to learn how to start an LLC today.

What is a registered agent?

A registered agent is a person or business that sends and receives legal papers on behalf of your company. These documents include official correspondence like legal summons and state filing notices.

Is an LLC a sole proprietorship?

Unlike a sole proprietorship, an LLC is a separate entity from the business’s owner. Most sole proprietors would benefit from converting their sole proprietorships to LLCs because LLCs offer liability protection and are inexpensive to start and maintain.

What is LLC protection?

LLCs offer limited liability protection. Using dedicated business banking and credit accounts is essential to protecting your business' corporate veil. When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your LLC is sued.

What is an Articles of Organization?

In some states, the Articles of Organization are known as the Certificate of Formation or Certificate of Organization. You can complete the information on the formation documents yourself (you can file online or by mail) or hire an LLC formation service to file for you.

Do LLCs have to file annual reports?

Additionally, most states require LLCs to file an annual report, which involves updating your registered agent address and paying your annual fee or franchise tax. Learn how to file your LLC annual report by reading our 50-state guides.

How to start an LLC?

If you do not need LLC formation services, but need help with your new business, you may want to consider: 1 Employment law attorneys to create employment contracts and HR policies 2 Intellectual property lawyers to review your products or services to make sure they are protected 3 Tax lawyers to review your income tax and tax returns to ensure you are not leaving money on the table 4 Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter 5 General counsel to review compliance with state laws, state agencies, state fees, or annual fees 6 Real estate attorneys to register your business offices or production space

How much does it cost to register an LLC?

Your LLC will give you tax benefits and protect your personal assets if anything happens to your company. It costs between $50-$500 on average to register your business. You do not need an attorney to form an LLC.

What is a business lawyer?

Business lawyers if you need to change your business structure to a single-member LLC, S corporation, or another type of business, or need help with another business-related legal matter. General counsel to review compliance with state laws, state agencies, state fees, or annual fees.

Do I need an attorney to register my business?

However, by law, you do not need an attorney to register your own business. Other documents and legal services can be handled with a DIY approach or trusted to an attorney to save you time and prevent mistakes along the way.

Can an LLC be sued?

Once you register, you can buy or rent a building and have company bank accounts. Unfortunately, your company can also be sued.

What is limited liability?

The entire purpose of the corporate (or LLC) structure is to limit an investor’s exposure solely to the assets it puts into the entity. In other words, to make sure you don’t lose your house.

Where did Richard Hoeg go to law school?

Richard ("Rick") Hoeg received his undergraduate degree in Economics from Hillsdale College before attending the world-renowned University of Michigan Law School where he graduated in the top 5 of his class.

What is a consigliere?

Consigliere – A Sounding Board. Whether you are starting your first company or your fiftieth, early days generally bring long hours, hard work, and a multitude of questions both legal and not, often in what amounts to a vacuum for the new founders.

How many bills has Jerry Brown signed?

California Gov. Jerry Brown recently completed acting on the 1,217 bills that came across his desk this year. He has signed 1,016 of them into law, with the majority taking effect...

Is the modern world a specialized one?

The modern world is a specialized one. That business you’re starting ? It probably isn’t aimed at being a multinational conglomerate (at least, not from the start). Instead, chances are you’ve decided to start a business because you’ve identified a hole in the market or an underserved customer base; a place where your specialized knowledge or skill will help differentiate your brand from everyone else’s.

How to file LLC in Massachusetts?

A Massachusetts LLC is created by filing a Limited Liability Company Certificate of Organization with the Secretary of the Commonwealth Corporations Division. The certificate must include: 1 the LLC's federal (employer) identification number (if any) 2 the LLC's name and street address in Massachusetts 3 the general character of the LLC's business 4 the date of the LLC's dissolution, if any 5 the name, address, and signature of the LLC's registered agent 6 the names and addresses of each manager, if any: and 7 the names and address of any people authorized to execute documents for the LLC--there must be at least one such person if the LLC has no manager.

What is a DBA in Massachusetts?

In Massachusetts you should register your DBA with the city or county where your business is located.

What is a registered agent in Massachusetts?

A registered agent may be an individual who resides in Massachusetts or a domestic or foreign corporation authorized to do business in Massachusetts. The registered agent must have a physical street address in Massachusetts. 3. File a Certificate of Organization.

Is a single member LLC the same as a multi member LLC?

For most formation purposes, a Massachusetts single-member LLC is considered the same as a multi-member LLC. The steps to form a single-member LLC in Massachusetts are the same as those listed above. Single-member LLCs do have additional flexibility when it comes to filing a tax return.

How to create an LLC in California?

A California LLC is created by filing Articles of Organization, Form LLC-1, with the California Secretary of State's office. The articles must include the LLC's name, its purpose, information on how it will be managed, its address, and the name and address of its registered agent.

How much does it cost to register an LLC in California?

To register, you must file Form LLC-5, Application to Register a Foreign Limited Liability Company and pay a $70 fee.

What is professional services?

Professional services include any service that requires a professional state license. If you don't know whether your service requires a state license, see the California Department of Consumer Affairs website. As an alternative to forming an LLC, California professionals may form limited liability partnerships (LLPs).

How often do you need to file a statement of information for an LLC in California?

Every California and foreign LLC registered in California must file a Statement of Information, Form LLC-12, with the California Secretary of State within 90 days after filing their articles of organization. Thereafter, a Statement of Information must be filed every two years (biennial).

Can an LLC be an agent?

An LLC may not serve as its own agent for service of process. The agent should agree to accept service of process on behalf of the limited liability company prior to designation. Individual agents must reside in California and their street address (not a P.O. box) must be listed in the LLC's articles of organization.

How much does it cost to file articles of organization in California?

The California Secretary of State charges a $70 filing fee for the articles of organization. It will cost $10 to file a name reservation application by mail or in person. If you submit the reservation form in person, you will be charged an additional $10 handling fee.

Do foreign LLCs pay California taxes?

All LLCs and foreign LLCs must pay California taxes to the California Franchise Tax Board (FTB) if 1) they are organized in California, registered in California, or conduct business in California; and 2) they have not elected to be taxed as a corporation —that is, they are taxed as a partnership or sole proprietorship (disregarded entities). LLCs taxed as corporations must comply with California's corporate tax rules.

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The LLC Business Type

  • The LLC entity type is a popular business type because it allows small business owners to get limited liability protection without having the formal structural and recordkeeping requirements of corporations. Many business owners desire to register their businesses as LLCs but they don't because of the time-consuming procedures involved. This guide will help you understand how y…
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Name Reservation

  • It is a good idea to reserve a name before you officially attempt to register the LLC. This will minimize the chances of your LLC registrationbeing rejected because of using a name that is already taken. LLC name reservation is normally done with the department of the Secretary of State, Division of Corporations. The good news is that many states have online databases wher…
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Appointing A Registered Agent

  • The name and address of the LLC's registered agentare normally required on the official registration papers for your LLC. An agent is a person or entity tasked with receiving legal papers on behalf of your LLC in the event that your company is sued. The agent must have a physical address in the state and must be available during work hours on all w...
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Filing The Articles of Organization

  • This document is normally submitted to the state's Secretary of State along with a filing fee. The acceptance of the Articles of Organization by the Secretary of State means your LLC has officially been formed. The Articles of Organization documents some details about your company. Typical details required on the Articles of Organization include: 1. The name and address of the compan…
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