LLC Registration Process in the USA, Step by Step

Registering an LLC in the USA follows the same order in every state: choose a name, appoint a registered agent, file the formation document with the state, and then set up the paperwork and accounts around the company. The details change from state to state, but the steps do not. This guide walks through them in order, so you know what happens first and what can wait. To have it done for you, see our LLC formation service.

Step 1: Choose the state

An LLC is formed in one state, called the state of formation. Many owners choose the state where they live or run the business, because the company usually has to register there anyway. Others choose a state for its fees or its rules. The state decides the formation fee, the yearly report or tax, and how quickly the filing is approved. Compare them in our LLC filing fees by state table before you decide.

Step 2: Choose and check the name

The name must be different from the names already on file in that state, and it must include a word such as "LLC" or "Limited Liability Company". Search the state's business name database before you commit. A name that is free in the state can still be someone else's trademark, so check that separately if the brand matters to you.

Step 3: Appoint a registered agent

Every LLC needs a registered agent with a street address in the state of formation. The agent receives legal papers and official state mail for the company. A PO box is not accepted. If you do not live in the state, most owners hire a registered agent service. Read more in registered agent for a US LLC: do you need one.

Step 4: File the formation document

The document is called the Articles of Organization in most states, and the Certificate of Formation in a few. It names the company, the registered agent and the address, and in some states the members or managers. It is filed with the state, usually online, together with the state's filing fee. When the state accepts it, the LLC legally exists, and you receive a stamped copy.

Step 5: Write an operating agreement

An operating agreement sets out who owns the LLC, how decisions are made and how profits are shared. Not every state requires one to be filed, and it is not filed with the state in most places, but you should still have it. Banks often ask for it, and it is the document that shows the company is separate from you. A single-owner LLC can use a short one.

Step 6: Apply for an EIN

The EIN is the company's tax number, issued free by the IRS. You need it to open a business bank account, hire people and file tax returns. The IRS explains it on its Employer ID Numbers page. An owner who has no Social Security Number can still get one, but the application is made differently. Our EIN service can apply for you.

Step 7: Open a business bank account

Keep the company's money apart from your own. That separation is part of what protects your personal assets. A bank will usually ask for the stamped formation document, the EIN letter, the operating agreement and your ID. If you live abroad, see US business bank account.

Step 8: Keep up with the yearly duties

• The state's yearly report or tax, if your state has one.
• The registered agent's yearly renewal.
• The federal tax filing. A foreign-owned single-member LLC files an information return even if it owes no tax. See US LLC tax filing.
• Any local licences or sales tax registration that your business needs.

How long does it take?

The timing depends on the state and on whether you choose standard or faster filing. Some states approve online filings within days, and others take several weeks. We show the filing time for each state on the order form before you pay.

Frequently asked questions

Do I need a lawyer to register an LLC?

No. The filing is a form with the state, and you can do it yourself or use a filing service. A lawyer or accountant is worth hiring for questions about tax or about multiple owners.

Do I have to live in the US?

No. Non-residents can own a US LLC. The steps are the same, with an EIN application and a yearly IRS filing that are specific to foreign owners. See LLC formation for non-residents.

Which comes first, the EIN or the bank account?

The formation filing comes first, then the EIN, then the bank account. A bank needs the first two.

This is general information, not legal, tax or financial advice. Rules and fees change, so check the state's own website before you file.