Form an LLC

Our business filing experts can answer any processing questions you might have.

• What comes in my LLC kit?
• How do I determine the state to form an LLC in?
• What is a Registered Agent?
• What else happens after I form an LLC?

Q: What comes in my LLC kit?
A: Once we complete your filing, you'll receive your Articles of Organization and Operating Agreement, along with a CD ROM explaining the documents you receive. These are the documents that support your organization and they arrive in your Corporate/LLC Kit — or Elite Corporate/LLC Kit if you choose to upgrade.

Articles of Organization: The Articles of Organization are the main filing documents that begin your existence under state law. Once filed, you have a legitimate business!

Your Articles of Organization spell out the name, basic purpose, incorporators, amount and types of stock which may be issued and any special characteristics of the business entity. They are included in your LLC kit when we form your business.

The Articles of Organization are approved by the Secretary of State and should be kept in your kit as a record of filing with the Secretary of State.

Operating Agreement: The Operating Agreement of your LLC contains the written rules for conduct of the LLC. They are distinct from the Articles of Organization, which only state the basic outline of the company.

Operating Agreements generally contain information on meetings, elections of a board of directors and officers, notices, types and duties of officers, and other routine conduct. They are, in effect, a contract among members and must be formally adopted and/or amended.

The Operating Agreement is included in your kit when we form your LLC, and should be completed and signed upon receipt.

Q: How do I determine the state to form an LLC in?
A: Laws and fees governing LLCs can vary from state to state.

Most of our customers choose to form an LLC in the state in which they are conducting business. This is typically the most simple and cost effective way to operate.

Some customers form their LLC in other states for tax reasons. Any state that you do business in will require you to file a "Foreign Qualification" if you are not forming an LLC in that state. This regulation is state-specific.

Get more details in "Foreign Qualifications" .

Q:What is a Registered Agent?
A: The purpose of a Registered Agent is to provide a physical address for your business so that it can accept official documents on behalf of your corporation (tax notices, annual reports, legal-process documents such as a summons, etc.).

The primary benefit of this service is that it provides a layer of privacy between you and the public. As the Registered Agent's name and address is one of public record, generally the Registered Agent's legal address will be the one listed in all official public documents.

Penalties for not maintaining a Registered Agent generally may cause a jurisdiction to revoke a business's corporate or LLC legal status. Please note that post office boxes are not allowed.

Learn more in "Registered Agent Services" .

Q: What else happens after I form an LLC?
A: To keep your business legally viable after you incorporate, there are a number of steps you may need to follow. You may need to file an Article of Amendment to indicate changes in your company. You also may need to file an Initial or Annual Report, which is a requirement in most states. Our business filing experts can help you process necessary changes to your business.

Learn more on how to Maintain an LLC .