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How to Start an LLC in 2026

A practical step-by-step guide to forming an LLC, choosing the right state, checking your name, appointing a registered agent, filing formation documents, creating an operating agreement, getting an EIN, and organizing after approval.

By allaboutllcs.com Editorial

Published May 3, 2026 Updated May 25, 2026

Quick answer

To start an LLC, choose the state where your business actually operates, pick an available LLC name, appoint a registered agent, file the state formation document, create an operating agreement, get an EIN when needed, and handle licenses, tax registrations, and annual reports after approval.

The exact filing name and fee vary by state. Most states call the formation document Articles of Organization, Certificate of Organization, or Certificate of Formation. The state filing fee can range from low double digits to several hundred dollars, and approval may take anywhere from same day to a few weeks depending on the state and filing method.

This guide gives you the national process first, then links to the state-specific guides for all 50 states.

What is an LLC?

An LLC, or limited liability company, is a state-created business entity that can separate the business from its owners.

People often choose an LLC because it can be simpler to maintain than a corporation while still offering liability separation when it is formed and operated correctly. An LLC can have one owner or multiple owners. The owners are usually called members.

An LLC does not replace good contracts, insurance, tax planning, licensing, or careful bookkeeping. It is one part of the legal and financial setup for a business.

Step 1: Choose the right state

For most small business owners, the right state is the state where the business is actually run.

That may be your home state, your office state, or the state where your employees, property, regular work, or local customers are located. Forming in a different state can sound attractive, but if your LLC is doing business where you live or operate, you may also need to register there as a foreign LLC.

Before filing, ask:

  • Where will you regularly work from?
  • Where will employees or contractors work?
  • Where will inventory, equipment, or real estate be located?
  • Where will you meet clients or serve customers in person?
  • Which state or local licenses will you need?

If you are comparing Delaware, Wyoming, Nevada, or another popular formation state, read the full best state to start an LLC guide before choosing based on filing fees alone.

Step 2: Search your LLC name

Your LLC name usually must be distinguishable from other business names already registered in the state.

Start by searching the state business database. Look for exact matches, close variations, plural versions, punctuation differences, and names that sound similar enough to create a conflict. If the name is too close to an existing entity, the state may reject your filing.

Most states also require an LLC designator, such as:

  • LLC
  • L.L.C.
  • Limited Liability Company
  • Limited Company

Some words are restricted or regulated. Words related to banking, insurance, engineering, medicine, law, education, or government agencies may require extra approval or may be unavailable unless your business is properly licensed.

Name availability is not the same thing as trademark clearance. A state may approve an LLC name even if another business has broader trademark rights. If the brand name matters, search beyond the state database and consider trademark advice before investing in logos, domains, packaging, or ads.

Step 3: Choose a registered agent

A registered agent receives official state mail and legal documents for the LLC.

Most states require the registered agent to have a physical street address in the formation state. A P.O. box usually is not enough. The agent must be available during normal business hours to receive documents.

You may be able to serve as your own registered agent if you live in the state and meet the requirements. Some founders use a commercial registered agent service because they want privacy, do not have a reliable in-state address, travel often, or are forming in a state where they do not live.

When comparing registered agent options, check renewal pricing, cancellation terms, mail forwarding rules, and whether the address can be used for state filings.

Step 4: File the LLC formation document

This is the filing that creates the LLC.

Depending on the state, the document may be called Articles of Organization, Certificate of Organization, Certificate of Formation, Articles of Formation, or a similar name. It is usually filed with the Secretary of State, Department of State, Corporation Commission, or another state business filing office.

The filing commonly asks for:

  • LLC name
  • registered agent name and address
  • principal office or mailing address
  • management structure
  • organizer information
  • effective date, if the state allows delayed effectiveness
  • business purpose or NAICS code in some states

Online filing is usually fastest. Mail filings may take longer because you have to include mailing time and state handling time. Some states also offer expedited processing for an extra fee.

All 50 states

Start with your state guide

Each state has its own filing name, fee, processing estimate, and follow-up requirements. Use this table to jump to the detailed state guide before filing.

Alabama

Formation filing
Certificate of Formation
State fee
$200
Approval
1 day

Alaska

Formation filing
Articles of Organization
State fee
$250
Approval
1 day

Arizona

Formation filing
Articles of Organization
State fee
$50
Approval
14-16 days

Arkansas

Formation filing
Articles of Organization
State fee
$45
Approval
7 days

California

Formation filing
Articles of Organization
State fee
$70
Approval
2-3 business days

Colorado

Formation filing
Articles of Organization
State fee
$50
Approval
1 day

Connecticut

Formation filing
Certificate of Organization
State fee
$120
Approval
3 days

Delaware

Formation filing
Certificate of Formation
State fee
$110
Approval
10 days

Florida

Formation filing
Articles of Organization
State fee
$125
Approval
5 days

Georgia

Formation filing
Articles of Organization
State fee
$110
Approval
10 days

Hawaii

Formation filing
Articles of Organization
State fee
$51
Approval
10 days

Idaho

Formation filing
Certificate of Organization
State fee
$100
Approval
7 days

Illinois

Formation filing
Articles of Organization
State fee
$150
Approval
10 days

Indiana

Formation filing
Articles of Organization
State fee
$95
Approval
1 day

Iowa

Formation filing
Certificate of Organization
State fee
$50
Approval
1 day

Kansas

Formation filing
Articles of Organization
State fee
$160
Approval
1 day

Kentucky

Formation filing
Articles of Organization
State fee
$40
Approval
1 day

Louisiana

Formation filing
Articles of Organization and Initial Report
State fee
$100
Approval
5 days

Maine

Formation filing
Certificate of Formation
State fee
$175
Approval
15 days

Maryland

Formation filing
Articles of Organization
State fee
$150
Approval
2 weeks

Massachusetts

Formation filing
Certificate of Organization
State fee
$520
Approval
2 days

Michigan

Formation filing
Articles of Organization
State fee
$50
Approval
10 days

Minnesota

Formation filing
Articles of Organization
State fee
$155
Approval
1 day

Mississippi

Formation filing
Certificate of Formation
State fee
$50
Approval
2 days

Missouri

Formation filing
Articles of Organization
State fee
$50
Approval
1 day

Montana

Formation filing
Articles of Organization
State fee
$35
Approval
6 days

Nebraska

Formation filing
Certificate of Organization
State fee
$100
Approval
3 days

Nevada

Formation filing
Articles of Organization, Initial List, and a State Business License
State fee
$425
Approval
1 day

New Hampshire

Formation filing
Certificate of Formation
State fee
$102
Approval
10 days

New Jersey

Formation filing
Public Records Filing for New Business Entity
State fee
$125
Approval
1 day

New Mexico

Formation filing
Articles of Organization
State fee
$50
Approval
3 days

New York

Formation filing
Articles of Organization
State fee
$200
Approval
1 day

North Carolina

Formation filing
Articles of Organization
State fee
$125
Approval
5 days

North Dakota

Formation filing
Articles of Organization
State fee
$135
Approval
5 days

Ohio

Formation filing
Articles of Organization
State fee
$99
Approval
1 day

Oklahoma

Formation filing
Articles of Organization
State fee
$100
Approval
3 days

Oregon

Formation filing
Articles of Organization
State fee
$100
Approval
3 days

Pennsylvania

Formation filing
Certificate of Formation
State fee
$125
Approval
5-7 days

Rhode Island

Formation filing
Articles of Organization
State fee
$150
Approval
4 days

South Carolina

Formation filing
Articles of Organization
State fee
$125
Approval
2 days

South Dakota

Formation filing
Articles of Organization
State fee
$150
Approval
1 day

Tennessee

Formation filing
Articles of Organization
State fee
$300
Approval
1 day

Texas

Formation filing
Certificate of Formation
State fee
$300
Approval
12 days

Utah

Formation filing
Certificate of Organization
State fee
$54
Approval
Varies by filing method

Vermont

Formation filing
Articles of Organization
State fee
$155
Approval
1 day

Virginia

Formation filing
Articles of Organization
State fee
$100
Approval
5 days

Washington

Formation filing
Certificate of Formation and Initial Report
State fee
$200
Approval
5 business days

West Virginia

Formation filing
Articles of Organization
State fee
$130
Approval
10 days

Wisconsin

Formation filing
Articles of Organization
State fee
$130
Approval
1 day

Wyoming

Formation filing
Articles of Organization
State fee
$100
Approval
1 day

Step 5: Create an operating agreement

An operating agreement is the internal document that explains how the LLC is owned and managed.

Even if your state does not require you to file an operating agreement with the state, it is still one of the most important LLC documents. It can help clarify ownership percentages, member duties, voting rules, profit distributions, tax treatment, banking authority, and what happens if someone leaves the company.

For a single-member LLC, an operating agreement can help show that the LLC is being treated as a separate business. For a multi-member LLC, it is even more important because it reduces the chance that owners rely on assumptions instead of written rules.

Common operating agreement sections include:

  • company name and formation state
  • member names and ownership percentages
  • capital contributions
  • management structure
  • voting rules
  • profit and loss allocation
  • tax classification
  • banking authority
  • transfer restrictions
  • resignation, buyout, or dissolution rules

Do not upload private ownership terms to the state unless the state specifically requires something. The operating agreement is usually an internal company record.

Step 6: Get an EIN

An EIN is the federal employer identification number issued by the IRS.

Many LLCs need an EIN to open a business bank account, hire employees, set up payroll, file certain tax returns, or work with vendors. Multi-member LLCs generally need one. Single-member LLCs often get one even when not strictly required because it keeps business records cleaner.

If you apply directly with the IRS online and the application is accepted, there is no IRS fee. Some services charge to obtain an EIN for you, so check whether that convenience is worth paying for.

Apply using the LLC’s exact approved legal name. Name mismatches can create banking or tax account friction later.

Step 7: Open a business bank account

Keep LLC money separate from personal money.

A separate bank account helps with bookkeeping, tax records, and maintaining the LLC as a distinct business. Banks commonly ask for your approved formation document, EIN confirmation, operating agreement, owner identification, business address, and ownership information.

Before the first deposit, decide how you will track income, expenses, owner contributions, reimbursements, and distributions. Good records are easier to build from day one than to reconstruct at tax time.

Step 8: Check licenses, permits, and tax registrations

State approval does not automatically give your LLC every license it needs.

Depending on the business, you may still need:

  • city or county business license
  • sales tax permit
  • professional license
  • health permit
  • contractor license
  • employer payroll registration
  • unemployment insurance account
  • zoning or home occupation approval
  • industry-specific federal or state registration

Requirements depend on what the business does and where it operates. A simple consulting LLC may need very little beyond formation and tax setup, while a restaurant, contractor, medical practice, or regulated professional service may need several approvals before operating.

Step 9: Calendar annual reports and taxes

Many LLCs have state follow-up filings.

These can be called annual reports, biennial reports, periodic reports, statements of information, franchise taxes, annual taxes, business license renewals, or public information reports. Some states have no annual LLC report fee, but may still require tax filings or information updates.

Add every deadline to a calendar as soon as the LLC is approved. Missing a state deadline can trigger late fees, loss of good standing, or administrative dissolution.

Use the LLC cost by state guide and your state guide to estimate recurring costs.

Step 10: Keep the LLC organized

After the LLC is approved, keep a simple company records folder.

Save:

  • approved formation document
  • state receipt
  • operating agreement
  • EIN confirmation letter
  • registered agent records
  • licenses and permits
  • annual report confirmations
  • tax registrations
  • bank account documents
  • major contracts
  • member approvals or written consents

This does not need to be fancy. The point is to make the LLC easy to prove, maintain, and hand to a bank, accountant, attorney, partner, or buyer if needed.

How much does it cost to start an LLC?

The main required cost is the state filing fee. The amount depends on the state.

You may also pay for a registered agent, formation service, expedited processing, certified copies, local licenses, professional licenses, tax help, or legal review. Those optional and follow-up costs should be separated from the state fee so you know what you are actually paying for.

For a full 50-state breakdown, see the LLC cost by state guide.

How long does it take to start an LLC?

State approval can be quick, but the full setup takes longer.

Some states approve online LLC filings in about one day. Others can take several days or weeks. Mail filings usually take longer than online filings. Expedited processing may be available in some states for an extra fee.

After approval, you may still need an EIN, bank account, licenses, tax registrations, and internal documents before the business is fully ready. For timing estimates by state, see the LLC approval time guide.

Should you use an LLC formation service?

You can usually form an LLC yourself by filing directly with the state.

A formation service may be useful if you want a guided workflow, registered agent service, compliance reminders, document templates, or help avoiding simple filing mistakes. It is not required in most cases.

Before paying a service, compare:

  • total checkout price including the state fee
  • registered agent renewal price
  • subscription or compliance add-ons
  • EIN markup
  • cancellation terms
  • support after filing
  • whether you actually need the extras

The cleanest comparison is state fee first, optional service fee second, renewal costs third.

Common mistakes to avoid

Avoid these before you file:

  • forming in a cheap state even though the business operates somewhere else
  • skipping the name search
  • using a registered agent who does not meet state requirements
  • mixing personal and LLC funds
  • assuming state approval replaces local licenses
  • forgetting annual reports or franchise taxes
  • paying for add-ons you do not understand
  • applying for an EIN with the wrong legal name
  • relying on generic advice for a regulated business

Bottom line

Starting an LLC is a sequence, not just one filing.

Choose the right state, confirm the name, appoint a registered agent, file the formation document, create an operating agreement, get an EIN, open a bank account, and handle licenses and ongoing reports. Once you know your state’s specific filing name, fee, and approval timing, the process becomes much easier to manage.

Sources and notes

FAQ

What is the first step to start an LLC?

Start by choosing the state where the business actually operates, then search the state business database to make sure your LLC name is available.

Do I need a registered agent to start an LLC?

Most states require a registered agent or similar service-of-process contact. Check your state guide for the current rule before filing.

Can I start an LLC without a formation service?

In many states, yes. You can usually file directly with the state, but a service may be useful if you want filing guidance, registered agent service, templates, or reminders.

Related reading

Best State to Start an LLC in 2026

For most founders, the best state to start an LLC is the state where the business actually operates. Learn when Delaware, Wyoming, Nevada, or another state may make sense.

How Long Does It Take to Get an LLC in 2026?

Compare estimated LLC approval times by state and learn what affects the timeline, including online filings, mailed filings, expedited processing, filing errors, EINs, and post-approval tasks.

LLC Cost by State in 2026

Compare LLC filing fees and recurring state fees for all 50 states, with notes on annual reports, franchise taxes, registered agents, and optional formation service costs.