The #1 DIY LLC Formation Platform

UNDERSTANDING YOUR BUSINESS

What Is An LLC?

Limited Liability Company

Learn what an LLC is, how it is structured, what to prepare before forming one, and the steps involved in building your business.

Form Your LLC! →

What Is An LLC?

A Limited Liability Company, commonly known as an LLC, is a business structure that can provide its owners with limited liability protection while allowing flexibility in management and taxation.

LLCs can have one or multiple members and can allow different management structures.

Depending on the circumstances and tax classification, business profits and losses may pass through to the owners for federal income tax purposes.

LLCs generally involve fewer formalities than corporations, although the specific requirements vary by state.

Why Do Entrepreneurs Choose An LLC?

An LLC can provide a flexible business structure for entrepreneurs, investors, professionals, and other business owners.

Your state determines the rules for forming and maintaining an LLC, so understanding the requirements where you form your business is important.

The Benefits Of An LLC

LLCs can provide several structural and administrative advantages depending on the business and its circumstances.

✓

Limited Liability

An LLC can separate the business's obligations from the personal assets of its owners, subject to applicable law.

✓

Flexible Management

LLCs may generally be organized as member-managed or manager-managed, depending on state law and the company's governing documents.

✓

Pass-Through Taxation

Many LLCs receive pass-through tax treatment by default, although tax treatment depends on the LLC's classification and elections.

✓

Ownership Structure

LLCs can have one or multiple owners, depending on the business structure.

✓

Flexible Duration

LLC duration requirements vary by state, and many LLCs can continue until dissolved under applicable law.

✓

Fewer Formalities

LLCs generally have fewer formalities than corporations, although ongoing requirements still apply.

Types Of LLCs

LLCs can be organized in different ways based on the number of owners, management structure, business purpose, and applicable state law. Click each item below to learn more.

Members
Single-Member LLC

A single-member LLC has one owner, referred to as a member. It can provide a simple structure for an individual operating a business, subject to the applicable state requirements.

Multi-Member LLC

A multi-member LLC has two or more owners, or members. The members share ownership according to the company's governing documents.

Management
Member-Managed LLC

In a member-managed LLC, the members participate in managing the company's business and day-to-day operations, subject to the operating agreement and applicable state law.

Manager-Managed LLC

In a manager-managed LLC, the members appoint one or more managers to handle the company's day-to-day operations and management responsibilities.

Structure
Professional LLC (PLLC)

Some states allow professional limited liability companies for certain licensed professionals, such as doctors, accountants, attorneys, or architects. State eligibility requirements apply.

Low-Profit LLC (L3C)

An L3C is a specialized LLC structure recognized in certain jurisdictions and designed for organizations with a socially beneficial purpose.

Series LLC

A series LLC structure can allow certain businesses to establish separate series within one LLC. Availability and legal treatment vary by state.

Foreign LLC

A foreign LLC is generally an LLC formed in one state that registers to conduct business in another state. Registration requirements vary by jurisdiction.

To Streamline Your Formation Process, Gather These Items First

Having the basic information ready can make the LLC formation process easier to navigate.

Before You Begin

  1. Name of Your LLC
  2. Physical or commercial business address
  3. Name and address of your Registered Agent
  4. NAICS Code
  5. Purpose of Your Business
  6. Business phone number
  7. Determine whether the LLC will be member-managed or manager-managed
  8. Names and addresses of members or managers
  9. Know your state's LLC filing cost

Have These Items Ready

  • Business Name Availability: Make sure the name is available in the state where you plan to form.
  • Physical Address: Have the required business address information available.
  • Registered Agent: Know who will serve as your registered agent and where required notices will be received.
  • Business Classification: Know the primary activity of your business so you can identify the appropriate NAICS code.

Registered Agent

What Is A Registered Agent?

A registered agent is a person or entity designated to receive legal documents, service of process, and certain official correspondence on behalf of an LLC.

Registered agent requirements vary by state, including requirements concerning the registered office and availability.

Why Is A Registered Agent Important?

The registered agent provides an official point of contact for receiving certain legal and government documents.

Understanding Your NAICS Code

NAICS stands for the North American Industry Classification System. NAICS codes are used to classify businesses according to their primary industry or economic activity.

What Is A NAICS Code?

A NAICS code is a classification code associated with a business's industry. Businesses may use NAICS information when interacting with government agencies, lenders, researchers, and other organizations.

When Might You Need A NAICS Code?
  • Government contracts and bids
  • Business and market research
  • Industry reporting and surveys
  • Business classification

Purpose Of Your Business

An LLC's purpose statement describes the reason the company is being established and the business activities it intends to conduct.

The exact requirements for an LLC purpose statement vary by state. Some states may accept a broad statement while others may require more specific information.

General Purpose Statement Example

"The purpose of the company is to operate and conduct all lawful business activities permitted under the laws of the state where the LLC is organized."

Business-Specific Purpose

A business may also describe the specific products or services it intends to provide. The appropriate wording depends on the business and the requirements of the state.

Member-Managed Or Manager-Managed?

One important organizational decision is determining who will have authority to manage the LLC.

Member-Managed LLC

In a member-managed LLC, the members participate in the management and operation of the company.

Manager-Managed LLC

In a manager-managed LLC, one or more managers are designated to handle the company's management and day-to-day operations.

Names And Addresses Of Members And Managers

Depending on the state and the type of LLC, you may need to provide names, addresses, and other information concerning the members or managers of the company. The exact information required varies by state.

Duration Of The LLC

Some states ask for the expected duration of an LLC. Many businesses choose a perpetual duration, while other businesses may specify an end date when permitted.

Know Your State's LLC Filing Fee

Each state establishes its own LLC formation fees. Costs can vary significantly by jurisdiction and may change over time.

Who Needs An LLC?

Whether an LLC is appropriate depends on the business owner's circumstances, goals, industry, and applicable law.

Entrepreneurs

Entrepreneurs may consider an LLC when establishing a separate legal business structure.

Real Estate Investors

Real estate investors sometimes use LLCs for ownership and organizational purposes, subject to legal and tax considerations.

Business Owners

Small and growing businesses may choose an LLC because of its flexible organizational structure.

Ready To Form Your LLC?

DIYLLCNow membership packages are designed to guide you through the LLC formation process step by step.

Step-By-Step Videos For All 50 States

Our membership packages provide step-by-step instructional videos that guide you through the Secretary of State websites for all 50 states, helping you understand where to go and what to look for as you work through the formation process.

Explore DIYLLCNow Membership →

FAQs Of An LLC

How is an LLC taxed?
By default, federal tax treatment depends on the number of members and the LLC's tax classification. An LLC may also be eligible to elect a different federal tax classification. Tax treatment should be evaluated based on the specific business circumstances.
How do I form an LLC?
Forming an LLC generally involves choosing an available business name, filing formation documents with the appropriate state agency, appointing a registered agent, and completing other requirements applicable to the state.
What is an operating agreement?
An operating agreement is a document that establishes rules concerning the ownership, management, and operation of an LLC. Requirements and practices vary by state.
What is a registered agent?
A registered agent is a person or entity designated to receive certain legal documents and official correspondence on behalf of an LLC.
Can an LLC have a single member?
Yes. A single-member LLC has one owner, referred to as its member.
Are there ongoing compliance requirements for an LLC?
LLCs may have ongoing state requirements, such as periodic reports, fees, registered agent requirements, and other obligations. Requirements vary by state.
Can an LLC be owned by non-U.S. residents?
Ownership by non-U.S. residents may be possible, but tax, reporting, immigration, and other considerations can apply depending on the circumstances.
How can an LLC be dissolved?
Dissolving an LLC generally involves following the applicable state process, settling obligations, and filing the required dissolution documents.
Can an LLC convert to a different business structure?
An LLC may be able to convert or reorganize into another business structure depending on state law and the circumstances. Professional legal and tax guidance may be appropriate.

LLC's Annual Report

An LLC annual or periodic report is a state filing that may require information about the company, such as its name, address, registered agent information, and other required details.

Filing Requirement

Some states require LLCs to file annual or periodic reports. The frequency and requirements vary by state.

Information Required

Required information may include the LLC's name, address, registered agent information, and information concerning members or managers.

Filing Deadlines

States establish their own filing deadlines. Missing a deadline can result in fees, penalties, or other consequences depending on the state.

Filing Fees

Some states charge a fee for annual or periodic reports. The amount varies by jurisdiction.

Maintaining Good Standing

Keeping required filings and fees current can help an LLC maintain its status with the state.

Build Your LLC Step By Step

DIYLLCNow membership gives you educational resources and step-by-step videos designed to help you navigate the LLC formation process in your state.

Get Started With DIYLLCNow →
IMPORTANT — THIS INFORMATION IS NOT LEGAL ADVICE DIYLLCNow provides educational information, resources, and step-by-step instructional materials to help entrepreneurs understand the LLC formation process. The information on this page is not legal, tax, accounting, or financial advice and does not create an attorney-client relationship. LLC formation, registered-agent, annual-report, tax, business-name, and other requirements vary by state and individual circumstances. You are responsible for reviewing the requirements that apply to your business. If you need advice about your specific legal, tax, or financial situation, consult a qualified attorney, tax professional, or other appropriate professional.
Verified by MonsterInsights