LLC FORMATION CHECKLIST

by | Apr 7, 2026 | 0 comments

Do These Steps in OrderPhase 1: Planning (Before You File)

  • Decide on your business structure: LLC vs. Corporation (or S-Corp election)
    → LLC is usually best for asset protection + tax flexibility for solo or small teams.
  • Choose a strong, available business name
    → Must include “LLC” or similar, be unique in your state, and not infringe on trademarks. Search your state’s business database + USPTO.
  • Research the best state to form in
    → Usually your home state (avoids extra “foreign qualification” fees). Beware of hype around Delaware/Wyoming for most small businesses.

Phase 2: Formation Essentials

  • Appoint a Registered Agent
    → Someone reliable in the state who can accept legal papers. (Tip: Don’t use your home address if you value privacy.)
  • File your Articles of Organization (or Certificate of Formation)
    → This is the official document that creates your LLC. Include accurate name, address, and agent info.
  • Create an Operating Agreement (highly recommended — even for single-member LLCs)
    → This internal document outlines ownership, decision-making, and profit sharing. It helps protect your limited liability status.

Phase 3: Right After Filing

  • Obtain your Employer Identification Number (EIN) from the IRS
    → Free and required for banking, taxes, and hiring.
  • Open a dedicated business bank account
    → Never mix personal and business funds — this is one of the fastest ways to lose liability protection.
  • Get any required business licenses or permits
    → Local, state, or industry-specific (zoning, sales tax, professional licenses, etc.).

Phase 4: Ongoing Protection (Don’t Skip These!)

  • Set up proper record-keeping systems
    → Keep minutes of decisions, contracts, and financials separate.
  • Understand and schedule annual requirements
    → Annual report / franchise tax in most states. Missing this can dissolve your LLC.
  • Review your tax setup
    → Default LLC is pass-through (reported on personal return). Consider S-Corp election for potential self-employment tax savings if profitable.

Bonus Tip: Many people save time and reduce risk by using a professional formation service instead of DIY — especially if you want fast filing, compliant documents, and ongoing support like registered agent service.

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