Requirements for LLC Formation In USA


In order to form an LLC in the United States, there are certain requirements that must be met. These requirements vary from state to state, and sometimes even within specific counties or territories. For example, some states require you to file with both the Secretary of State’s office as well as a local county clerk’s office (if applicable). Below we’ll cover all of the basics including where and when you should file your paperwork so you can get started on forming your LLC.

Description of The Purpose of the LLC

A LLC is a type of business that has some of the best features of both corporations and partnerships. The key difference between them is that LLCs have separate legal entities from their owners, whereas corporations do not.

In general terms, an LLC can be described as follows: “A limited liability company (LLC) is a hybrid entity which offers limited liability protection to its members but also allows pass-through taxation on income earned by the company – unlike other corporate structures.”

The purpose of this business structure is to provide its owners with flexibility while shielding them from personal financial liability for debts or other obligations incurred by the company itself. You may be wondering what this means in practice.

Let’s say that you own an LLC that manufactures bicycles. In this case, the LLC is a separate entity from you and your partners. If the company goes bankrupt because it can’t pay its debts, then your personal assets are protected—but this may not be true if you operate as a corporation or partnership instead!

Name of the LLC

When forming an LLC, the name of your entity must meet all of the following criteria:

  • Must be in proper legal format (e.g., “ABC Company, Inc.”).
  • Must not be the same as another LLC registered in your state, or any limited partnership or corporation registered in your state.
  • Must not be a fictitious name that is already on file with the secretary of state’s office (or similar official office) for that state.

Must not contain any words prohibited by law in the state in which you are forming your LLC.

The Business Address

  • The business address must be the same as that on your business license.
  • It should be in the state where you intend to form your LLC.
  • It shouldn’t be a PO Box.
  • It shouldn’t be a home address.
  • It shouldn’t be a virtual office.

An Address for the Registered Agent

The address you provide for the registered agent must be a physical address, not a PO Box. It must be in the state where you formed your LLC and it can’t be a residential address (for example, if your registered agent lives at 123 Main Street and your LLC is registered in California, then he or she would not be able to serve as your registered agent). By law, this means that an individual cannot serve as their own company’s registered agent.

Date of Formation and Expected Duration in Business for the LLC

  • The entity’s date of formation.
  • The entity’s expected duration in business. For example, a typical LLC is formed with an initial term ending one year after formation, but it can be renewed thereafter for successive terms of up to thirty years each. If you plan on filing your company’s articles of organization with the state before beginning operations, you may also want to include an estimated date when your business will begin its first operation (known as “commencement”). This information can ensure that there are no gaps between when the LLC was formed and when it initiated operations.
  • Examples: Your company might expect to stay in business for three years; five years; eight years; ten years; twenty years; thirty years.


The takeaway of this article is that LLCs are a good choice for small businesses and startups because they offer the best of both worlds: the protection and liability limitations of corporations that make it easy to raise capital, but with the flexibility and ease of startup incorporation. But before you jump into incorporating your business, there are some important considerations to be aware of.

LLCs have been around for decades, but not everyone knows what they are or how they work. In order to help you make a smart decision about whether an LLC is right for your business, we’ve answered some common questions about what an LLC does and how it differs from other types of companies.


If you are considering the formation of an LLC, you should be aware of these requirements. The more information you can provide to the state, the better prepared they will be to issue your certificate of organization. Remember that if anything is missing or incorrect on your application, it will not be accepted and must be resubmitted with any corrections necessary.

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