How to start an LLC

Step 1: Pick a state

For most people this is the state where they live and run the business. If you form somewhere else and operate at home, your home state will usually treat you as a foreign company and want you to register there too. That means two sets of fees. Best state to form an LLC covers the exceptions.

Step 2: Check the name

Your name must be different enough from others on file in that state, and it needs an ending like LLC. Start with the official business search for your state. Then search USPTO trademarks, because state approval says nothing about trademark conflicts. How to check if a name is available has the details.

Step 3: Name a registered agent

This is the person or company that accepts lawsuits and official notices for the LLC. Most states require one at a street address in the state, and you can usually serve yourself if you live there. New York works differently, because the secretary of state is every LLC's agent by law. OpenFile doesn't provide an agent, so you'll name your own. Read what a registered agent does.

Step 4: File your articles

Most states call this form articles of organization. Others call it a certificate of formation or certificate of organization. It asks for basics such as the name, the agent and how the company is managed. Articles of organization explained walks through it. Fees vary widely: Kentucky charges $40 and Texas $300. Our list has every state, and state pages like Texas and California have the local details.

A few states add a step. New York requires an LLC to publish a notice in two newspapers for six weeks and file proof within 120 days. Arizona requires a published notice too. If your statutory agent's street address is outside Maricopa and Pima counties, you arrange that in a newspaper.

Step 5: Set up the company

Once the state accepts your filing, do these in order.

Get an EIN. It's free from the IRS. The IRS says to form the LLC first or your application may be delayed.

Sign an operating agreement. California and New York require one, and it's worth having everywhere else.

Open a business bank account. The SBA says banks commonly ask for your EIN, formation documents, ownership agreements and business license.

Get any licenses and permits your work and location require.

What comes later

Most states want a regular report, a fee or both. Check annual report rules by state and put the date on your calendar now. California also charges an $800 annual LLC tax. It's due even if you aren't doing any business, until you cancel the LLC.

You don't need to file a beneficial ownership report with FinCEN. Its final rule, effective August 14, 2026, exempts US companies. Certain foreign companies registered to do business in the US still report.