LLC Formation Checklist for New Business Owners

Before You File

• Pick a compliant name. Confirm it includes your state's required designator (such as "LLC") and is distinguishable from other registered names in your state's business database.
• Check for a trademark conflict. A quick search of the USPTO's trademark database helps you avoid building a brand around a name someone else already owns federally, separate from your state's own availability check.
• Decide on your registered agent. You need an individual or company with a physical street address in your formation state who will accept legal notices on the LLC's behalf for as long as it exists.
• Decide where to form. For most businesses with one location, forming in the state where you actually operate avoids the extra cost and paperwork of registering as a foreign LLC elsewhere.
• Know your state's fee and process. State filing fees range from $35 in Montana to $500 in Massachusetts, according to each state's filing agency; confirm your own state's current fee and whether it offers online filing.

When You File

• File the Articles of Organization (sometimes called a Certificate of Organization) with your state's filing agency, typically the Secretary of State, listing your LLC's name, registered agent, and principal address.
• Pay the state's filing fee, and if your state offers it, decide whether an expedited processing option is worth the extra cost for your timeline.
• Decide whether to list managers or members in the filing itself, if your state makes this optional; some banks and agencies ask for this information later, so including it upfront can save an amendment.
• Hold onto your confirmation. Keep the state's approval notice or stamped Articles of Organization; you'll need your LLC's exact legal name and formation date for the next steps.

Right After Approval

• Apply for an EIN from the IRS. It's free directly from the IRS and typically issued immediately online once your LLC is approved by the state.
• Write an operating agreement. Even where your state doesn't require one, a written agreement helps establish the LLC as a genuine separate entity and settles ownership and management questions in advance.
• Open a dedicated business bank account. Use your EIN and formation documents to open an account in the LLC's name, and keep business funds separate from personal funds from the first transaction.
• Register for state taxes that apply to you. A sales tax permit if you sell taxable goods or services, and an employer withholding and unemployment account once you hire your first employee, are both separate registrations with your state.
• Check local licensing requirements. Many cities and counties require a general business license, and specific industries require their own permits, separate from your state-level LLC filing.
• Mark your state's annual report deadline. Most states require a recurring annual report or similar filing, with fees from $0 to $500 a year, to keep your LLC in good standing; missing it is one of the most common compliance problems for a new LLC.

Using This Checklist Alongside a Full Guide

This checklist is meant as a quick reference for what to prepare and in what order; see our step-by-step LLC guide for a fuller explanation of each item, and our guide on what you need to start an LLC for the specific information to have in hand before you begin.

A Checklist Doesn't Replace Checking Your Specific State

Exact forms, fees, and optional items vary by state, and some states combine steps this checklist lists separately, or add steps specific to certain industries. Treat this as a general framework and confirm the specifics with your own state's filing agency.

Skipping Ahead Usually Costs Time Later

Applying for an EIN before your LLC is state-approved, or trying to open a bank account before you have an EIN, are common ways new owners get out of order and have to redo a step. Work through the checklist roughly in sequence rather than jumping to whichever item feels easiest first.

Not Every Registration Applies to Every Business

Sales tax permits and employer registrations only apply if you sell taxable goods or services, or hire employees, respectively. Registering for things that don't apply to your business adds filings and deadlines you don't actually need to track.

Build the Annual Report Into Your Calendar Immediately

Because the annual report deadline often isn't tied to a date you'll naturally remember, like your formation anniversary in every state, add it to your calendar the same day your LLC is approved rather than waiting until a reminder notice, which not every state sends.

This Is General Information, Not Legal or Tax Advice

Your specific business, industry, and state may require additional steps not listed here. Confirm your complete requirements with your state's filing agency and a tax professional before you finalize your plans.