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What Do You Need to Start an LLC?

To start an LLC, you need a name that meets your state's naming rules, a registered agent with a physical address in your formation state, your LLC's principal address, and the names of its members or managers, plus the state's filing fee, from $35 to $500 depending on the state. After the state approves your LLC, you also need a free EIN from the IRS and, for most LLCs, a written operating agreement.

By LLC Register · Last reviewed October 1, 2026

Read Comprehensive Guide
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Key Takeaways

  • A compliant name is the first requirement

    Your LLC's name must include a designator like "LLC" and be distinguishable from other registered businesses in your state, checked against your state's business entity database before you file.

  • A registered agent is required in every state

    You need an individual or company with a physical street address in your formation state, willing to accept legal notices on the LLC's behalf for as long as it exists.

  • The filing fee is unavoidable and varies by state

    Every state charges a one-time fee for the Articles of Organization, from $35 in Montana to $500 in Massachusetts, according to each state's filing agency.

  • An EIN comes after formation, not before

    You need your LLC's exact legal name and formation date to apply for a free EIN from the IRS, so this step follows state approval rather than preceding it.

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In this article
  • Comprehensive Guide
  • Practical Considerations

Comprehensive Guide

A Name That Meets Your State's Rules

Every state requires your LLC's name to include a designator, such as "LLC" or "Limited Liability Company," and to be distinguishable from other registered business names in that state. Search your state's business entity database before you file, since a name too similar to an existing one is a common reason a filing gets rejected. If you're building a brand, it's also worth checking the USPTO's trademark database to avoid a name already trademarked federally by another company.

A Registered Agent With a Physical Address

You need to name a registered agent, an individual or company with a physical street address, not a P.O. box, in the state where you're forming your LLC. This can be you, if you have a qualifying address in that state, another member, or a paid registered agent service. The agent accepts legal notices and official state mail on the LLC's behalf, a requirement that continues for the life of the LLC, not just at formation.

Your LLC's Principal Address

Most states' Articles of Organization ask for the LLC's principal business address, which is generally where the company's records are kept or where it primarily operates. This can be a home address, an office, or, in some states, the same address as your registered agent, depending on your situation.

Information About Your Members or Managers

Depending on your state, the formation filing may ask for the names of your LLC's members (owners) or managers, and some states make this optional while others require it. Even where the state doesn't require it on the filing itself, you'll need this information to draft your operating agreement and to open a business bank account later.

The State's Filing Fee

Every state charges a one-time fee to file the Articles of Organization, ranging from $35 in Montana to $500 in Massachusetts, according to each state's filing agency. This fee is paid directly to the state regardless of whether you file yourself or use a formation service, and some states offer an optional expedited processing fee on top of it if you need faster turnaround.

An EIN From the IRS, Applied for After Formation

Once your state approves your LLC, you'll need a federal Employer Identification Number to open a business bank account, hire employees, or file certain tax elections. It's free directly from the IRS, usually issued immediately through the online application, and requires your LLC's exact legal name and formation date, which is why this step follows approval rather than preceding it.

A Written Operating Agreement

Most states don't legally require an operating agreement, but nearly every LLC benefits from having one, even a single-member LLC. It documents how the business is owned and managed, and it's often requested by a bank or needed if you later add a member or seek financing. Decide on ownership percentages, how profits will be allocated, and whether the LLC will be member-managed or manager-managed before you sit down to draft it.

A Plan for Any State and Local Registrations You'll Need

Depending on what your business does, you may need a sales tax permit, an employer registration for withholding and unemployment insurance once you hire, or a local business license. These aren't needed to file the LLC itself, but knowing which ones apply to your business before you launch keeps you from operating out of compliance in your first weeks.

Practical Considerations

Have Everything Gathered Before You Start the Online Filing

Many states' online filing portals time out or require you to complete the form in one sitting. Gather your name choice, registered agent information, and address details before you start, rather than stopping partway through to look something up.

A Registered Agent Decision Shouldn't Be an Afterthought

Using your own home address as the registered agent puts that address on the public record in many states and requires you to be available there during business hours to receive legal notices. Decide early whether a registered agent service is worth the added cost for your situation.

Don't Assume One State's Requirements Match Another's

What a filing asks for, whether member names are required, whether a name reservation is available, and what the fee is, varies by state. Check your specific state's current Articles of Organization form rather than assuming it matches what a friend filed in a different state.

Some Items on This List Aren't Strictly Required, But Matter Anyway

An operating agreement and separate business bank account aren't always legally mandatory, but skipping them is one of the more common ways a new LLC owner undermines the liability protection they formed the LLC to get in the first place.

This Is General Information, Not Legal or Tax Advice

Exact requirements vary by state and by business type. Confirm your state's current filing requirements directly with its filing agency, and talk to a tax professional about registrations specific to your business.

Related Resources

  • How to Start an LLC: Step-by-Step Guide

    Learn how to start an LLC step by step, from choosing a name and registered agent through filing, getting an EIN, and registering for state taxes.

  • LLC Formation Checklist for New Business Owners

    Review an LLC formation checklist covering what to prepare before filing, what the filing itself requires, and what to finish right after approval.

  • How Much Does It Cost to Form an LLC?

    See what forming an LLC costs, including state filing fees, registered agent costs, EIN fees, and ongoing annual report requirements.

Sources

The official sources used for this article.

SBA: Choose a business structure

sba.gov/business-guide/launch-your-business/choose-business-structure

IRS: Do you need an EIN?

irs.gov/businesses/small-businesses-self-employed/do-you-need-an-ein

Montana Secretary of State: Business filing fees

sosmt.gov/business/fees

Massachusetts Secretary of the Commonwealth: Corporations Division fee schedule

sec.state.ma.us/divisions/corporations/download/Fee_Schedule.pdf

USPTO: Trademark search

uspto.gov/trademarks/search

Created by: LLC RegisterLast reviewed October 1, 2026

Updated: October 1, 2026

Frequently Asked Questions

Do you need a physical office to start an LLC?

No. You need a principal business address, which can often be a home address, and a registered agent with a physical street address in your formation state. Neither requirement means you need a separate commercial office.

Can you start an LLC without a Social Security number?

Yes, in terms of state formation itself; citizenship or residency isn't required to own an LLC. You'll need either a Social Security number, an ITIN, or, if you have neither, a phone, fax, or mail application to the IRS for your EIN.

Do you need money saved up to start an LLC beyond the filing fee?

Not necessarily. Beyond the one-time state filing fee, from $35 to $500 depending on the state, the main recurring cost is a registered agent if you don't act as your own, plus any state annual report fee, which are both ongoing rather than large upfront costs.

What information do you need ready before filing the Articles of Organization?

Your chosen, state-compliant LLC name, your registered agent's name and physical address, your LLC's principal address, and, depending on your state, the names of your members or managers.

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$99 a year for a registered agent, with LLC formation in year one and annual report filing included. State fees are passed through at cost.

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