The short answer
Most LLC formations move through a similar set of stages: choosing and checking a business name, appointing a registered agent, filing articles of organization with the state, drafting an operating agreement, getting an EIN from the IRS, opening a business bank account, and checking for applicable licenses. This checklist walks through what each stage generally involves and why it exists, not as a guarantee that finishing it makes a given LLC compliant, since exact requirements, forms, and fees vary by state.
This article is general information for founders, not legal, tax, or financial advice. Rules, fees, and filing requirements vary by state and change over time. Nothing here creates a professional relationship of any kind. Confirm anything that affects your business with your state's filing office and a qualified attorney or accountant before you act on it.
Search “LLC checklist” or “steps to form an LLC” and most lists read like a compliance form: check the box, move on. The process is more variable than that: states run separate filing systems, use different document names for the same step, and add or skip requirements depending on the type of business. What follows is a map of the stages founders commonly work through, in a typical order, with what each one generally involves. It isn’t a substitute for a state’s own filing instructions, and finishing every item here doesn’t by itself mean an LLC is compliant with everything that could apply to it.
If the question is less “what are the steps” and more “which state should I file in,” that’s a separate decision: see our decision framework for choosing a state to form an LLC and the Nevada vs. Wyoming LLC cost comparison if a low-tax state is part of the conversation.
What varies by state
Before the checklist itself, the honest caveat: state filing offices are independent of each other, and the details differ in ways that matter. Document names differ (articles of organization and certificate of formation describe roughly the same filing, depending on the state). Filing fees, processing times, and whether expedited service is offered differ. Some states require an initial report shortly after formation; others fold that into the articles themselves. A handful of states, including Arizona and New York, have historically required a newspaper publication step most states don’t have. Ongoing report frequency (annual, biennial, or none) also differs by state. None of that changes the general shape of the process below, but the specific form names, dollar amounts, and deadlines belong on the state filing office’s own site, not a national average.
The checklist: a typical order
The items below describe a common sequence. States don’t require this exact order in every case, and some steps can happen in parallel: an operating agreement, for instance, doesn’t have to wait until after the EIN arrives. Treat the numbering as a typical flow, not a mandatory legal sequence.
1. Choose a business name and check availability
Founders generally start by picking a working name, then checking it two separate ways: against the state’s business entity name database, to see whether another registered business already holds a confusingly similar name, and separately against federal and state trademark records, since name availability with the state and trademark availability are different questions with different consequences. Most Secretary of State websites offer a free name-search tool for the first check. Many states also require the name to include an LLC designator, such as “LLC” or “Limited Liability Company,” though the accepted variations differ by state.
2. Appoint a registered agent
Every U.S. state requires an LLC to designate a registered agent: a person or a commercial registered agent service with a physical street address (not a P.O. box) in the state of formation, available during business hours to receive legal notices and official state mail on the LLC’s behalf. Some founders act as their own registered agent if they have a qualifying in-state address; others use a commercial service, often for privacy or because they don’t have a physical address in the formation state. Who is eligible to serve, and whether an entity’s own owner can serve, varies by state.
3. File articles of organization
This is the document that generally creates the LLC as a legal entity once the state accepts it. States use different names for it (articles of organization, certificate of formation, certificate of organization), but the basic content is similar: the LLC’s name, its registered agent, its business address, and often the names of its organizers or managers. It’s typically filed with the Secretary of State or an equivalent office, with online, mail, and sometimes in-person options. The filing fee and any required attachments are set individually by each state.
4. Draft an operating agreement
An operating agreement is an internal document that generally describes ownership percentages among members, how the LLC is managed, by its members directly or by appointed managers, how profits and losses are allocated, and how major decisions get made. A small number of states require one to be in place, though not necessarily filed with the state; in most states it isn’t filed publicly at all. Multi-member LLCs commonly treat this as one of the more important documents to have in place early, since it’s often what governs disagreements between owners later. What follows here describes what the document generally covers: the actual drafting is typically done with an attorney or a formation service, since the specific clauses depend on each LLC’s ownership structure.
5. Get an EIN from the IRS
An Employer Identification Number is a federal tax ID issued directly by the IRS, and applying for one costs nothing: the IRS states plainly that it never charges a fee for an EIN and warns founders against sites that do (verified against IRS.gov, as of August 2026). It’s generally used to open a business bank account, file federal and state tax returns, and hire employees. The IRS’s online EIN assistant runs on set hours (Monday–Friday 6 a.m.–1 a.m. ET, Saturday 6 a.m.–9 p.m. ET, Sunday 6 p.m.–midnight ET, as of August 2026) and issues the number immediately for entities with a U.S.-based responsible party; confirm current hours and eligibility directly on IRS.gov before applying.
6. Open a business bank account
Once the articles of organization are approved and the EIN has arrived, many founders open a bank account in the LLC’s name rather than routing business activity through a personal account. Banks generally ask for the EIN confirmation letter, the filed articles of organization, and sometimes the operating agreement before opening a business account. Requirements differ by bank as well as by state, so it’s worth checking directly with the institution.
7. Check licenses and permits
Beyond the state-level formation filing, a business may be subject to additional licenses or permits: a general business license from the city or county, a seller’s permit for sales tax collection, or an industry-specific license (contracting, food service, and cosmetology commonly require one). Which of these apply depends on both the state and the specific business activity, so this is generally a research step tied to what the business does and where, not a single national list.
8. Track ongoing state filings
Formation is generally a one-time event, but staying in active status with the state typically isn’t. Many states require a recurring filing, commonly called an annual report, biennial report, or periodic report, along with an associated fee, to keep the LLC listed as active. Missing these is one of the more common ways an LLC falls out of good standing. The recurring filing schedule, its name, and its fee are all set individually by each state’s filing office.
Does finishing this checklist mean an LLC is compliant?
Not by itself. This list describes commonly recognized stages of LLC formation and the general purpose of each: it doesn’t cover every state-specific form, industry license, or local requirement that could apply to a given business. Two LLCs formed in different states, or running different kinds of businesses, can each finish every stage above and still face different remaining requirements. Treating a general checklist as proof of compliance is the mistake this article is trying to avoid, not encourage.
For the question of which state to form in, rather than how the process generally works, see our comparison of Nevada and Wyoming LLC costs and the broader decision framework for the best state to form an LLC. If the business itself is still an open question rather than the entity structure, our guide to the best states to start a business covers that ground separately. You can read more about how this publication approaches these topics on our about page.
FAQ
What do I need to start an LLC?
Founders typically work through a business name check, a registered agent designation, articles of organization filed with the state, an operating agreement, an IRS Employer Identification Number, and often a business bank account. Specific document names, fees, and required attachments vary by state, so the exact list differs depending on where the LLC is formed.
What are the steps to form an LLC?
A common order is: choose and check a business name, appoint a registered agent, file articles of organization with the state, draft an operating agreement, obtain an EIN from the IRS, open a business bank account, and check for applicable licenses or permits. This is a typical sequence rather than a legally mandated order, and some states combine or reorder these steps.
What are the requirements to form an LLC?
Every state requires a filed formation document, commonly called articles of organization, and a registered agent with a physical in-state address. Beyond that, requirements diverge: some states require a publication notice, an initial report, or a specific operating agreement disclosure. State filing office websites list the current requirements for that state.
How do I file an LLC?
LLCs are generally filed by submitting articles of organization, along with the required fee, to the Secretary of State or equivalent business filing office in the formation state. Most states accept online filing, with paper and mail options also generally available. Processing time and required information vary by state.
Is completing this checklist enough to make an LLC compliant?
No single checklist can capture every state, local, and industry-specific requirement that might apply to a given business. This list describes commonly recognized stages of the formation process; it is not a compliance guarantee, and additional filings, licenses, or ongoing obligations may apply depending on the state and the type of business.
Do I need a registered agent to form an LLC?
Every U.S. state requires an LLC to designate a registered agent with a physical address in the state of formation, generally at the time the articles of organization are filed. The agent's role is to receive legal notices and official state correspondence on the LLC's behalf; specific eligibility rules for who can serve vary by state.
This article is general information for founders, not legal, tax, or financial advice. Rules, fees, and filing requirements vary by state and change over time. Nothing here creates a professional relationship of any kind. Confirm anything that affects your business with your state's filing office and a qualified attorney or accountant before you act on it.
Sources: IRS: Apply for an EIN Online, Wolters Kluwer: Do I need a registered agent?, Bizee: Registered agent requirements in all 50 states. State-specific fees, forms, and deadlines change. Confirm current requirements with the relevant Secretary of State or equivalent filing office before filing. Last verified: August 29, 2026. This article is educational, not legal or tax advice.