This checklist outlines the standard operational sequence for forming a Limited Liability Company in the United States. It is a project management guide, not legal advice. Requirements vary by state; always consult your state's official business filing website.
1. PRE-FILING PREPARATION
Complete these steps before you submit any official documents.
- [ ] Select Your State: I have determined the state where I will form my LLC. (Typically your home state, unless you have specific reasons to choose another).
- [ ] Choose a Business Name: I have selected a unique name for my LLC that is not already in use in my state.
- [ ] Perform Name Search: I have used my state's official business name database to confirm my chosen name is available.
- [ ] Appoint a Registered Agent: I have decided who will be the registered agent for my LLC. This can be myself (if allowed in my state), another individual, or a professional registered agent service.
- [ ] Gather Required Information: I have gathered all necessary information for the filing: LLC name, business address, registered agent's name and address, and names of the members/organizers.
2. OFFICIAL FILING PROCESS
The core steps to legally create the entity.
- [ ] File Articles of Organization: I have prepared and filed the "Articles of Organization" document with my state's business filing agency (usually the Secretary of State). This is the document that officially creates the LLC.
- [ ] Pay Filing Fee: I have paid the required state filing fee.
- [ ] Obtain EIN from IRS: After the LLC is approved by the state, I have applied for and received an Employer Identification Number (EIN) from the IRS. This is free and can be done online. An EIN is required to open a business bank account.
- [ ] Draft an Operating Agreement: I have created an Operating Agreement. This internal document outlines the ownership, operations, and decision-making processes of the LLC. While not always required by the state, it is a critical internal governance document.
3. POST-FILING & COMPLIANCE
Ongoing steps to maintain the LLC's legal standing.
- [ ] Open a Business Bank Account: I have opened a dedicated business bank account using the LLC's legal name and EIN. All business finances will be kept separate from my personal accounts.