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How to Form and Manage an LLC in the U.S.: Key Requirements

Requirements for Forming and Managing an LLC in the U.S.

This article outlines the essential requirements for forming and managing a Limited Liability Company (LLC) in the United States, based on established practices and guidelines.

1. Choosing a State for Formation

  • State Selection: The first step in forming an LLC is selecting the state where the business will be registered. Popular choices include Delaware and Wyoming due to their favorable business laws and tax structures.

2. Filing Articles of Organization

  • Articles of Organization: To officially form an LLC, you must file Articles of Organization with the Secretary of State in your chosen state. This document typically includes:
    • The name of the LLC
    • The address of the principal office
    • The name and address of the registered agent

3. Registered Agent Requirement

  • Registered Agent: An LLC must designate a registered agent who will receive legal documents on behalf of the company. This agent must have a physical address in the state of formation. Some services offer registered agent services as part of their business formation packages.

4. Obtaining an Employer Identification Number (EIN)

  • EIN Application: After forming the LLC, you will need to obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This number is necessary for tax purposes and is required for opening a business bank account.

5. Operating Agreement

  • Operating Agreement: While not always required by law, it is highly recommended to create an Operating Agreement. This document outlines the management structure, ownership, and operating procedures of the LLC. It serves as a guideline for how the business will be run.

6. Compliance with State Regulations

  • State Compliance: LLCs must comply with state regulations, which may include:
    • Annual reports: Many states require LLCs to file annual reports and pay associated fees.
    • Business licenses: Depending on the nature of the business, additional licenses or permits may be required.

7. Business Address

  • Business Address: An LLC must have a physical address for its operations. While a registered agent's address can be used for legal purposes, a separate business address may be necessary for banking and operational needs.

8. Opening a Business Bank Account

  • Bank Account Setup: To open a U.S. business bank account, you will typically need:
    • The EIN
    • A copy of the Articles of Organization
    • The Operating Agreement (if applicable)
    • A physical business address

Conclusion

Forming and managing an LLC in the U.S. involves several key steps, including selecting a state, filing necessary documents, designating a registered agent, obtaining an EIN, and ensuring compliance with state regulations. By following these guidelines, you can establish a solid foundation for your LLC and ensure its ongoing management aligns with legal requirements.