LLC Checklist [2024] I've done this. You can, too. • Touchdown Money

We’re reader-supported. When you buy through links on our site, we may earn an affiliate commission.

I have multiple businesses, and each is an LLC. I’ll share what I’ve learned in my LLC checklist:

☑️ Name Your Business

☑️ Choose a Registered Agent

☑️ File the Articles of Organization

☑️ Write an Operating Agreement

☑️ Apply for an Employer Identification Number (EIN)

Look, you can run through this LLC startup checklist and do it all yourself. If you can follow directions and have time to sort through the government paperwork, it’s not that hard. Really.

However, if you want an easy shortcut for about $199, you can outsource this to Mark Cuban’s company, ZenBusiness.

Filing your business as a limited liability company (LLC) is smart. Protect your personal assets. Save money on taxes. Let’s get you started.

There are over 33 million small businesses in the U.S.¹ and you’ll be setting up yours for success by getting everything in order.

Mark Cuban promoting ZenBusiness to form an LLC. — You can follow my LLC startup checklist on your own or while using Mark Cuban’s ZenBusiness for key LLC-related services.

Here’s a video by ZenBusiness that walks you through the 5 steps of the LLC checklist. (The video says Texas, but this applies to other states as well.)

Table of Contents

5 Step LLC Checklist

Registering an LLC seems like a massive undertaking, but it’s really not. Coming up with a brilliant idea for a business, attracting users or customers, scaling your business model – now that’s tough! But forming an LLC is just a matter of following directions.

The process is even easier if you use an LLC service, which I highly recommend. Check out my article on the best LLC service where I review ZenBusiness along with other similar services.

But even if you use an LLC service, you should have a basic understanding of what the process looks like. That’s why this LLC checklist is worth reading.

And if you’re registering your company yourself, then this LLC startup checklist is even more important. Skip a step, and you could be in trouble.

This isn’t brain surgery, but it is something that you need to get right!

Step 1 – Name Your Business

The first step in any LLC checklist is to give your business a name. You shouldn’t register a company called, “Uh, I dunno, LLC.”

If you’re still in the “I dunno” phase, don’t worry. We all started there. Here are tips for coming up with a good business name:

Make it unique
Consider keywords that relate to your niche or industry
Keep it simple (balancing creativity and simplicity is key)

Look, too many people get hung up on the name like it’s going to make or break their business. It won’t unless it’s absolutely horrible like Slippery Fingers as the name of your moving company.

What’s a Nike? What’s a Reebok? What’s a Google? Very few people know, and even fewer care. If you get stuck, just name the business after yourself, like Papa John’s or Uncle Ben or Ford.

Seriously, if you get stuck trying to name your business, I’ll name it for the low low price of $100. Click here and send me your email address and describe your business.

The only real requirement for your business name is that it must be different from any other existing LLC in your state.

Once you’ve chosen a name, you have to do research to make sure it’s still available. Here are the steps to take:

Google your state’s Secretary of State website, then search their business database to see if there’s already a business with that name in your state.
Search the U.S. Patent and Trademark Office (USPTO) website to make sure the name isn’t trademarked (on the state or federal levels).

If the name clears those hurdles, then you’re in!

Extra Point: Once you have a business name, get that web domain name on Squarespace. Even if you’re not ready to create a website, at least you’ll prevent someone else from taking your web address.

There are a few other LLC business name restrictions to consider. For example, you’ll probably need to end your company name with “Limited Liability Company” or “LLC.” That means “Dillon’s Donut Factory” would become “Dillon’s Donut Factory, LLC.”

Also, your state might have certain words that you can’t use in your LLC name. For instance, words like “museum” and “library” could mislead consumers. Check out your state’s Department of State website to check for exact restrictions.

Once you’ve settled on a name that works, reserve it with your state! This will ensure no one swipes it from you before you’ve had a chance to actually register your LLC. Each state has its own process, which can typically be found on the Secretary of State’s website.

Step 2 – Choose a Registered Agent

Now that your business has a name, the next step of this LLC startup checklist is to assign a registered agent. (It's easier than it sounds, I promise!)

A registered agent is someone who receives legal notices on behalf of the business.

Here’s a quick explanation:

In most states, you can do it yourself as long as your business has a physical address, or you can have a company like ZenBusiness do it for you.

Keep in mind that the registered agent is required by law to be present at the designated physical address during business hours.

If you work out of your home office, you may be able to use yourself as the Registered Agent along with your home address. But that has serious drawbacks.

First, it eliminates your privacy because your home address is now public information. That’s why I recommend everyone learn how to avoid using home address for LLC. You don’t want one nut job fan or follower or disgruntled customer knowing where you live. It’s just not worth it.

Another example is a lawsuit that would come to your home. And all official notices would come to your home, which might not be ideal if you’re not the most organized person. It might also make your business look unprofessional and unserious to have your home listed on business documentation.

Luckily, there’s an easy and affordable solution to all of this. You can pay a registered agent service to be the registered agent for you.

ZenBusiness, which is the best LLC service, can also act as your registered agent. So, if you go through ZenBusiness, they’ll take care of this step for you.

And even if you don’t use ZenBusiness for the entire process, you can still use them (or another service) to act as your registered agent.

See why I said this part of the LLC checklist is so easy?

Step 3 – File The Articles of Organization

The Articles of Organization (also called the “Certificate of Formation” or the “Certificate of Organization” in some states) are the forms you send in to officially register your business as an LLC.

Each state has its own requirements for this step in the LLC checklist, so make sure you visit your state’s Secretary of State website. There, you’ll find the specific form to complete.

In general, Articles of Organization include:

The name of your LLC
The purpose of the LLC
The business’s mailing address
The “location of operations” (can be your home if that’s where you work)
The registered agent
The registered agent’s address
The members and managers of the LLC

You might also have to say whether your LLC is “member-managed” or “manager-managed.” This sounds like crazy jargon, but it’s actually pretty straightforward. If the company’s members (a.k.a. owners) manage the company themselves, it’s “member-managed.” If the members hire a specific supervisor, manager, or administrator, then it’s “manager-managed.”

Once you’ve filled out the form, make sure it’s signed (either by you or another qualified “organizer” of the LLC). Then, send it off to the Secretary of State.

You’ll also have to pay a filing fee. The exact fee depends on the state, with Kentucky being the cheapest ($40) and Massachusetts being the most expensive ($500).

Step 4 – Write an Operating Agreement

An operating agreement is a legal document that explains how a company’s members (a.k.a. owners) will manage the business. It’s a legal requirement for LLCs in some states and a good idea in all of them. That’s why it’s part of any LLC checklist!

An operating agreement agreement for an LLC includes elements like:

Ownership percentages between the members
How your LLC’s management is organized
The standard decision-making process
How the company will be funded
How profits and losses will be distributed
How membership changes could be made

*Note: These elements are obviously more relevant in a multi-member LLC, but even if you’re running the company on your own, having an operating agreement will make your business seem more legit.

So, how should you go about writing an operating agreement as part of your LLC startup checklist?

The easiest way is to use a template. If you use ZenBusiness as your LLC service, they’ll have a template handy for you.

Step 5 – Apply for an Employer Identification Number (EIN)

You know how everybody in the country has a social security number? Well, there’s an equivalent identification number for businesses. It’s called the Employer Identification Number or EIN.

You’ll need an EIN to complete important business-related tasks, including:

Hiring employees
Applying for a business bank account
Paying taxes

The IRS is responsible for giving out EINs to businesses, and you can apply right on the IRS website.

Here’s how to get your EIN:

Go to the EIN page on the IRS website and click “Begin Application.”
Complete the application with information about your business
Click submit the application to the IRS

Extra Point: I found that getting an EIN made it easier for me to get approved for multiple business credit cards like the Chase Ink cards.

Also, if you’re more of a pen-and-paper person, you can fill out the IRS Form SS-4 to apply for an EIN by mail. Easy, right? This is probably the simplest step in any LLC startup checklist!

You know what’s not so simple? Coming up with a business idea in the first place. To kickstart your brainstorming, check out my article on how to make money online for beginners.

ZenBusiness can act as a registered agent for your LLC. — ZenBusiness is a comprehensive service that helps you through the LLC checklist while also acting as a Registered Agent.

What To Do After You Complete The LLC Checklist

Let’s say you’ve completed the LLC startup checklist. Give yourself a pat on the back, but don’t stop there. There’s still plenty of more work to do!

You want to go from “Cool, I have an LLC” to “Holy smokes, I own a thriving business!” My goal is to guide you through that process.

That’s where my free email newsletter comes in. Don’t want to miss out on new strategies to grow your business with fresh marketing ideas:

With the LLC checklist completed, here’s the post-LLC checklist that can help you really launch your business:

What problem are you solving? And how will you make money solving this problem?

Get very specific about the problem you want to solve for people or for other businesses. This is an essential part of your business plan.

If you’re about to form an LLC, you likely already have your business idea in place. But if not, check out my resources on:

Secure funding. Startups usually spend more than they make in the early days, so you’ll need capital upfront. Check out my article on how to get a startup business loan with no money.

Common Questions About LLC Checklist

Why Should I Set Up an LLC?

There are lots of reasons why setting up an LLC could be the right call for your business.

For one thing, you’ll protect your personal assets if your business is sued. Let’s say you’re selling coffee, and someone burns their tongue on a hot drink. And this person makes her living as a cover band singer, and she can’t perform this Tuesday at McBarfey’s Pub n Grub, so she sues you!

Without an LLC, your house, your car, and other personal assets could be lost in the lawsuit.

The only good news about losing all that is now you can be a singer too – for a country music band. “I lost my pick-up truck, aw shucks, guess I’ll drink a beer and shed a tear… woe is me… if only I formed an L.L.C.” <insert standing ovation and enthusiastic yee-haws>

Having an LLC can also potentially save you money during tax season because you can choose the tax category that’s most beneficial. Note: I’m not a tax professional so please consult an expert in this area.

If you have a home-based business like a freelance writer, freelance graphic designer, digital marketing agency, remote solopreneur, or independent digital nomad with an LLC, you can also avoid using your home address as your official business address.

That way, online stalkers, creeps, and angry customers won’t know where you live by doing a simple internet search. ZenBusiness makes it easy to hide your home address when you file for an LLC.

Get a more in-depth explanation in my full guide to Why do you need an LLC?

What Documents Do I Need to Set Up an LLC?

Here are the necessary documents for setting up an LLC:

Application to reserve your LLC’s name
Articles of organization
An operating agreement
Tax registration forms (depends on the state)
Business licenses (depends on the location and business type)
Application for an Employer Identification Number (EIN)

I highly recommend using an LLC startup checklist to streamline the process.

What Are The Essential Elements of an LLC?

You’ll need these elements to successfully set up an LLC:

A business name
A registered agent
Articles of organization
An operating agreement
An employer identification number (EIN)

These LLC elements are the same whether your business is How to make money as an attractive female, how to make money as an attractive male, or reselling items for profit because you know What Flips. You can learn more about setting up an LLC properly in my guide: LLC 101.

How Much To Start an LLC?

To create an LLC, you’ll have to pay a state filing fee, which typically ranges from $40 to $500. You could also choose to use an LLC service like ZenBusiness, which offers both free plans and paid plans with extra features. ZenBusiness’s paid plans cost $199 to $349 per year.

How Long Does It Take To Get an LLC?

The processing time for an LLC is typically 2 to 3 weeks, but it ultimately depends on the state. You can also pay for a service like ZenBusiness to expedite the process.

Do I Need an EIN For My LLC?

An LLC is only required to have an EIN if it (a) has employees or (b) pays excise tax. But even if your LLC is a one-person operation with no excise tax liabilities, having an EIN can help you save money on your taxes – so it’s usually a good idea.

Whether your business relies on how to make money on Facebook, how to make money on Pinterest, how to make money as a video editor, how to make money as a travel photographer, how to make money on Audible, or how to make money as an independent artist it’s smart to have an EIN for your LLC, though it’s not required. It’s free to get an EIN for your LLC.

You can get an EIN from the IRS or with the help of ZenBusiness.

LLC Filing Requirements?

When filing for an LLC, you’ll need a unique business name, a registered agent, articles of organization, and (in some states) an operating agreement. You’ll also have to pay a filing fee of $40 to $500 (depending on the state). I recommend utilizing an LLC startup checklist to avoid missing any necessary steps!

ZenBusiness makes it fast, easy, and affordable to file your LLC paperwork.

Related:

Sources:

1 – https://advocacy.sba.gov/2023/03/07/frequently-asked-questions-about-small-business-2023/#:~:text=There%20are%2033%2C185%2C550%20small%20businesses,net%20jobs%20created%20since%201995.