How to Register an LLC in the US as a US Resident
LLC stands for limited liability company. An LLC is a relatively new type of business that combines aspects of a partnership and a corporation. LLCs may be formed in any state by a single member or an unlimited number of members. One of the major benefits of registering your business as an LLC is to gain liability protection from business lawsuits and creditors. Additionally, owners of an LLC are allowed to pass their share of profits and losses to their tax return.
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Instructions
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Select the state where your LLC will be located. An LLC may be formed in any state you choose, including the District of Columbia. States such as Delaware and Nevada are popular locations for LLC formation due to favorable business treatment. If you're planning to conduct business in other states, you'll be required to register as a foreign LLC in all states where your company operates.
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Check name availability. This can be accomplished by contacting your secretary of state's office, or conducting an online name availability search. Businesses within the same state aren't allowed to bear the same name. An LLC is required to conduct a name availability search in every state of operation.
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Publish a notice of your intent to form an LLC. Some states require an LLC to take an ad in their local newspaper indicating an intent to form an LLC. The newspaper ad should indicate the name and location of the LLC. The ad must appear for 3 to 4 consecutive weeks prior to filing the articles of organization.
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File articles of organization with your state. Most states have forms for articles of organization available at the secretary of state's office. Names of members, business name and location are required to complete your articles of organization. Furthermore, you'll need to indicate the name and address of your LLCs registered agent. A registered agent is responsible for accepting legal documents on behalf of an LLC.
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Apply for an employee identification number, or EIN. The Internal Revenue Service is responsible for issuing an employer identification number to LLCs and other businesses. An EIN can be obtained by fax, mail, phone or online. An EIN is issued immediately when you elect to apply online or by phone.
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Tips & Warnings
A registered agent may be a business, or an individual over the age of 18. An LLC may serve as its own registered agent. In other cases, an LLC may hire a company to provide registered agent services.
