How to Form an LLC

Written by Dave Lavinsky



A limited liability company (LLC) is a business structure that offers its owners personal liability protection while allowing them to take advantage of the benefits of operating as a corporation.

If you’re starting a new business, you may be wondering if forming a limited liability company is right for you. Keep reading to learn more about the process of forming an LLC and the benefits that it can offer your business.


7 Steps to Start a Limited Liability Company

1. Choose a Business Name

The first step in forming an LLC is to choose a name for your company. Your LLC name must be distinguishable from the names of other businesses registered with the state. You can check the availability of your LLC name by searching your state’s business records.


2. Gather Basic Information

The next to start an LLC is to gather the required information for your limited liability company. This includes:

  • The legal names and addresses of your LLC member(s)
  • The name and physical street address of your LLC’s registered agent
  • A description of your LLC’s business activities


3. Prepare and File Articles of Organization

Once you have gathered the required information, you must prepare and file your LLC articles of organization with the Secretary of State’s office. The articles of organization are typically a short document that includes the LLC’s name, business purpose, and contact information for the LLC’s registered agent and LLC members.


4. Pay the Filing Fee

When you file your articles of organization, you will also need to pay a filing fee. The cost of filing fees varies from state to state but typically costs around $100.


5. Create an LLC Operating Agreement

After your LLC has been formed, you will need to create an LLC operating agreement. An operating agreement outlines the management structure and rules and regulations for your LLC, including how profits and losses will be distributed among the LLC owners. Your operating agreement might include details such as whether your LLC is member-managed or manager-managed.


6. Register Your LLC with the IRS

If you’ve formed a multi-member LLC, you’ll need to obtain an employer identification number (EIN) from the internal revenue service (IRS). You can use your EIN to open a business bank account and file your LLC’s annual tax return.


7. Comply with State and Local Requirements

After you’ve registered your LLC with the state and the IRS, you’ll need to comply with any additional requirements that may apply to your business. These requirements can vary depending on the type of business you’re operating and the state in which you’re located.

An LLC is a great way to protect your personal assets while running a business. If you’re thinking of starting a new business, be sure to consult with an attorney to learn more about the process of forming a limited liability company.


Benefits of Forming an LLC

There are several benefits that come with forming an LLC for your business.


1. Personal Liability Protection

One of the biggest advantages of operating as an LLC is the personal liability protection that it offers its owners. If your LLC is sued, the court can only go after the assets of the business, not the personal assets of the owners.


2. Pass-Through Taxation

Another benefit of LLCs is that they are taxed as pass-through entities. This means that the business itself is not taxed on its profits. Instead, the profits are “passed through” to the owners and reported on their personal tax returns.


3. Flexibility

LLCs also offer more flexibility than other options when it comes to how the business is managed and operated. LLCs can be managed by one or more people, and there are no restrictions on who can be an owner of an LLC.


4. Simplicity

LLCs are relatively simple and inexpensive to set up and maintain. In most states, you can form an LLC online in just a few minutes. And unlike corporations, LLCs are not required to hold annual meetings or keep detailed minutes of meetings.


If you’re starting a new business, forming an LLC is a great way to protect yourself from personal liability and take advantage of the many benefits that LLCs offer. Be sure to consult with an attorney to learn more about the process of forming an LLC and the requirements for your state.

Forming an LLC can offer many benefits to your new business, including personal liability protection and the ability to take advantage of the benefits of operating as a corporation. By following the steps outlined above, you can ensure that your LLC is properly formed and in compliance with all applicable laws.


How to Form an LLC FAQs

There are many factors to consider when choosing the right business structure for your startup. An LLC, or limited liability company, can be a great option for a small business or startup but does have both advantages and disadvantages that you should take into account before making a decision. 

An LLC can be a smart business move for startups because it:

  • Offers Personal Liability Protection - This means that if your LLC is sued, the plaintiffs can only go after the company's assets, not your personal ones. 
  • Is Simple To Set Up and Maintain -  You don't need to hold regular meetings or keep detailed minutes like you would with a corporation. 
  • Gives Your Organizational Flexibility - You can have different classes of ownership interests, and you can choose to be taxed as a partnership, S corporation, or C corporation. 
  • Is Less Expensive -  You'll need to file articles of organization with your state and pay a filing fee, but you won't need to go through the process of incorporation.

Of course, there are also some disadvantages to consider before forming an LLC. An LLC may not be a good choice for your startup because it:

  • May Require You To Pay More Taxes -  This is because LLCs get pass-through tax treatment, meaning that the income from the LLC is passed through to the owners and taxed at their individual tax rates. 
  • Might Make It Harder To Get Investors -  Investors may be hesitant to invest in an LLC because they don't have the same level of control as they would in a corporation. 
  • Can Make Getting Insurance Harder -  Some insurers may be reluctant to provide coverage to an LLC because of the limited liability protection it offers.

If you're still not sure whether an LLC is right for your startup, it's a good idea to talk to a lawyer or accountant who can help you weigh the pros and cons and make the best decision for your business. 

You can start any kind of business with an LLC, from a small retail business to a growing tech startup. There are no restrictions on what kind of business you can form as an LLC. 

One thing to keep in mind is that if you want to take advantage of the limited liability protection an LLC offers, you'll need to make sure that you follow all the requirements for operating an LLC in your state. This includes things like having a registered agent, keeping track of corporate minutes, and filing an annual report.

The cost of forming an LLC varies from state to state. In most states, you'll need to file articles of organization with the Secretary of State and pay a filing fee. The fee is usually around $100, but it can be more or less depending on your state. 

You may also need to hire a lawyer to help you with the formation process, especially if you're forming a complex LLC with multiple owners. Lawyers typically charge by the hour, so the cost will depend on how much time it takes to get everything set up.

There are a few other business structures that startups might want to consider, including sole proprietorships, partnerships, and corporations. 

Sole Proprietorships

A sole proprietorship is the simplest and most common type of structure for small business owners. They're easy to set up and don't require any special paperwork or filing fees. The downside is that sole proprietorships offer no personal asset protection, which means that the sole proprietor is liable for any business debts or damages incurred by the company.


Partnerships are similar to sole proprietorships, but they have more than one owner. Partnerships can be either general partnerships or limited partnerships. A general partnership is where all the partners are equally liable for the debts and liabilities of the business. A limited partnership is where one or more partners are liable only up to the amount they've invested in the business. 


Corporations are more complex and expensive to set up than other business structures, but they offer some important benefits. Corporations have their own legal identity, which means that the owners are not personally liable for the debts and liabilities of the business. This makes it easier to attract investors because they know that their investment is protected. Corporations can also raise money by selling stock, which is something that LLCs cannot do. 


Other Helpful Business Plan Articles & Templates