# How to start an LLC Source: https://joinopenfile.com/guides/how-to-start-an-llc Index: https://joinopenfile.com/llms.txt To start an LLC, pick a state, check that your name is available, name a registered agent and file articles of organization with the state. Then get a free EIN from the IRS, sign an operating agreement and open a business bank account. State filing fees run from $35 in Montana to at least $500 in Massachusetts. Updated November 1, 2026 ## 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](https://joinopenfile.com/guides/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](https://joinopenfile.com/business-search). Then [search USPTO trademarks](https://joinopenfile.com/trademark-search), because state approval says nothing about trademark conflicts. [How to check if a name is available](https://joinopenfile.com/guides/check-business-name-availability) 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](https://joinopenfile.com/guides/registered-agent). ## 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](https://joinopenfile.com/guides/articles-of-organization) walks through it. Fees vary widely: Kentucky charges $40 and Texas $300. [Our list](https://joinopenfile.com/llc/cost) has every state, and state pages like [Texas](https://joinopenfile.com/llc/texas) and [California](https://joinopenfile.com/llc/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](https://joinopenfile.com/guides/how-to-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](https://joinopenfile.com/guides/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](https://joinopenfile.com/guides/business-license) your work and location require. ## What comes later Most states want a regular report, a fee or both. Check [annual report rules by state](https://joinopenfile.com/annual-report) 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. ## Questions How long does it take to form an LLC? It depends on the state and how you file. Ohio says it processes filings in 1 to 2 business days, while other states take longer. Many states sell faster handling for an extra fee. Can I form an LLC myself? Yes. You can file directly with your state and pay only the state fee. A filing service is a choice and isn't required. Do I need a lawyer to start an LLC? Usually not for a simple company. A lawyer earns their fee when ownership is uneven, when outside investors are involved or when you work in a licensed profession. Can I start an LLC if I don't live in the US? In most states, yes. The IRS says most states let members be individuals, other companies or foreign entities. Getting your EIN takes a different route if you have no SSN or ITIN, and our EIN guide covers it. Do I have to report who owns my LLC to the federal government? Not to FinCEN, if it's a US company. FinCEN's final rule exempts US companies from beneficial ownership reporting. You still report the LLC's income to the IRS, and your state filings may name a manager or member. [Start my business](https://joinopenfile.com/start) $0 + state and processing fees. Takes seconds. ## Sources - [SBA: Register your business](https://www.sba.gov/business-guide/launch-your-business/register-your-business) - [IRS: Get an employer identification number](https://www.irs.gov/businesses/small-businesses-self-employed/get-an-employer-identification-number) - [FinCEN: Beneficial ownership information](https://www.fincen.gov/boi) - [New York LLC Law section 206 (publication)](https://www.nysenate.gov/legislation/laws/LLC/206) - [California Franchise Tax Board: Limited liability company](https://www.ftb.ca.gov/file/business/types/limited-liability-company/index.html) ## Keep reading - [What is an LLC?](https://joinopenfile.com/guides/what-is-an-llc) - [What are articles of organization?](https://joinopenfile.com/guides/articles-of-organization) - [How to get an EIN for your business](https://joinopenfile.com/guides/how-to-get-an-ein) - [What is the best state to form an LLC?](https://joinopenfile.com/guides/best-state-to-form-an-llc)