How to Incorporate an LLC in the United States
27 April, 2017
If you decide to incorporate an LLC in the United States, you will be required to comply with several legal requirements.
Choosing a Business Name
The very first step is deciding on the name of your new company. There are 3 rules that you need to follow:
- The company name must be unique and must not be similar to one which currently exist. Chose a name that will sufficiently distinguish your company from another.
- The name must indicate that it's an LLC (e.g. "LLC" or Limited Company).
- It must not include restricted words such as "bank" or "trust" or "insurance".
The business name will be automatically registered with the state.
The operating agreement should include allocation of profits and losses, percentage of interest and responsibilities and other provisions Even though many states don't require operating agreements, it's recommended for multi-member LLCs as it structures the company's organization and structure, provides regulations and rules.
Filing the Articles of Organization
A document that legitimizes the LLC and includes information such as a company name, address, names of the company's member, etc. You will need to file the Articles with the Secretary of State, for most states. For other states, you may file with a different office, e.g. Division of Corporations & Commercial Code or the State of Corporation Commision.
Obtaining Licenses and Permits
Once you register your company, you must get business licenses and permits. This varies by industry, locality and state. Please refer to the Business License and Permit guide to find out more.
Announce Your Business
If you incorporate in some states, including Arizona or New York, you will be required to publish a statement in your local newspaper about the LLC formation.
Please note that all requirements may vary state by state. We recommend to check with your state's business filling office for requirements in your state.
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