How to Form an LLC — State-by-State Formation Guides
Forming an LLC requires filing Articles of Organization with your state Secretary of State, paying a filing fee ($35–$500), and appointing a registered agent. Most online filings are approved in 1–7 business days. Select your state below for exact fees, forms, and step-by-step instructions.
By Edmond Hui · Last updated: July 2, 2026
Edmond Hui · Founder, MyStateLLC
Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.
How to Form an LLC: 7-Step Overview
Choose a state
Most owners form in their home state. Forming in Delaware or Wyoming only makes sense if you have a specific reason — investors, privacy laws, or multi-state operations. Out-of-state formation adds a registered agent fee and foreign qualification cost in your home state.
Choose your LLC name
Your name must be unique in the state and include 'LLC,' 'L.L.C.,' or 'Limited Liability Company.' Most Secretary of State websites have a free name search tool. Avoid names that imply a regulated profession you aren't licensed in.
Appoint a registered agent
Every LLC must designate a registered agent — a person or service with a physical address in the state who accepts legal documents on your behalf. You can serve as your own registered agent if you have a local address and are available during business hours.
File Articles of Organization
Submit your Articles of Organization (sometimes called a Certificate of Formation) to the Secretary of State. Most states accept online filings. The filing fee ranges from $35 (Montana) to $500 (Massachusetts). Processing takes 1 day to 3 weeks depending on the state.
Get an EIN
Apply for an Employer Identification Number (EIN) from the IRS at irs.gov — free and instant online. You need an EIN to open a business bank account, hire employees, and file taxes. Single-member LLCs with no employees can sometimes use the owner's SSN, but an EIN is recommended.
Open a business bank account
A separate business account is essential to maintain the liability shield between you and the LLC. Mixing personal and business funds ('piercing the corporate veil') can expose your personal assets in a lawsuit. Most banks require your EIN and Articles of Organization.
Create an operating agreement
Most states don't require an operating agreement, but you should have one. It documents ownership percentages, decision-making rules, and what happens if a member leaves. Banks often request it before opening an account.
Formation Guides by State
All 50 state formation guides published.