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A limited liability company (LLC for short) is a way of legally structuring a business. It combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. Any business owner looking to limit their personal liability for business debts and lawsuits should consider forming an LLC.

Here are the steps you need to take to start a limited liability company (LLC) in any state.

1. Choose a name for your LLC
The name of your LLC must comply with the rules of your state. While these rules differ, most states require 1) that your LLC name end with an LLC designator, such as Limited Liability Company or Limited Company, or an abbreviation of one of these phrases; and 2) that the name is not the same as the name of another LLC or business entity already registered in your state.

Often, for a small fee, you can reserve your LLC name for a short period of time until you file your articles of organization.

2. Choose a registered agent
LLCs must have a registered agent. This is an individual or company that agrees to accept legal documents on behalf of the LLC if it is issued. The registered agent must have a physical address in the state where the LLC is registered. Most states maintain a list of private service companies (registered commercial agents) that will act as agents for the service of the process for a fee. A member of the LLC can act as the LLC's registered agent.

3. Decide on managing members vs. managers
Most small LLCs choose to be managed directly by their members, but LLCs can appoint one or more people (outside) to manage the LLC, much like a board of directors oversees a corporation. Managers vote on key issues, such as getting a loan, buying real estate, or changing strategic plans.

4. Create an LLC Operating Agreement
Although most states do not require it, you must have an operating agreement for your LLC. This is an internal document that sets out how your LLC will be managed, including how the LLC will be managed. In the absence of an operating agreement, state law will govern how your LLC operates.

5. Comply with tax and regulatory requirements
Additional tax and regulatory requirements may apply to your LLC. These include:

EIN – If your LLC has more than one member, you must obtain your own Employer Identification Number (EIN) from the IRS, even if you have no employees. If you form a single-member LLC, you must obtain an EIN only if the LLC will have employees or if you choose to have it taxed as a corporation rather than a sole proprietorship (excluded entity). You can obtain an EIN by completing an online EIN application on the IRS website.

Business Licenses – Depending on the type of business and where you are located, your LLC may need to obtain other state and local business licenses. Check with the appropriate state agencies to ensure you are properly registered, licensed, and licensed to do business in your state.

Sales and Employer Taxes: In some cases (for example, if you will be selling goods and collecting sales tax or if you have employees), you will need to register with the appropriate state tax authority. For more information on LLC tax registration rules, see LLC Annual Reporting and Tax Requirements: 50-State Guide.

6. Submit Annual Reports
Many states require LLCs to file an annual report with a filing fee. In some states, these fees can be significant, up to $800 per year in California. See LLC Annual Filing and Tax Requirements: 50-State Guide for the rules in your state.

7. Out-of-State LLC Registration
To do business in a state other than the state where your LLC was formed, you will need to register your LLC in that state and appoint a registered agent to service the process. For more information on out-of-state or offshore LLC registration requirements, see the 50-State Guide to Qualifying Your LLC to Do Business in Another State.

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