Starting a Limited Liability Company (LLC) in the United States requires several important documents and pieces of information. The exact requirements can vary by state, but most LLC registrations follow a similar process.
For non-residents, the process may also involve additional documents for tax identification, banking, and identity verification. Knowing what you need before starting can make the registration process easier and help you avoid delays.
This guide explains the main documents needed for U.S. LLC registration and which documents may be useful after your company is formed.
Articles of Organization
The most important document for creating an LLC is usually the Articles of Organization.
This document is filed with the state agency responsible for business registration. Some states use different names, such as Certificate of Organization or Certificate of Formation.
The document normally contains basic company information, such as:
- LLC name
- Business address
- Registered agent name and address
- Management structure
- Organizer information
- Other information required by the state
The U.S. Small Business Administration confirms that the Articles of Organization generally describe the basic details of an LLC, including its name, address, members, and registered agent. Requirements can vary by state.
Once the state accepts this document and the required fee is paid, the LLC is officially created under state law.
Business Name Information
Before filing, you need to select an available business name.
You should check the business database maintained by the state where you plan to register. The name generally needs to meet that state's rules and be distinguishable from existing registered businesses.
You may need to provide the exact legal name on your formation documents.
It is also a good idea to check domain availability and potential trademark conflicts if you plan to build an online brand.
Registered Agent Information
A registered agent is generally required when forming an LLC.
The registered agent receives official government documents and legal notices on behalf of your business. The SBA states that the registered agent must be located in the state where you register the company.
When registering, you will typically need the agent's:
- Full legal name
- Physical address
- State information
- Contact details, where required
If you are a non-resident, you may use a professional registered agent if you do not have a suitable address in the formation state.
Business Address
Your LLC registration may require a business or mailing address.
The exact address requirements depend on the state and the type of address being requested. Some forms distinguish between a principal business address, mailing address, and registered agent address.
If you live outside the United States, you may be able to provide your foreign residential or business address for certain purposes. However, you should not assume that a registered agent address can replace every type of business address.
Check the specific state instructions before filing.
Ownership Information
The state may require information about the LLC's owners or members.
Depending on the state, this can include:
- Member names
- Manager names
- Ownership structure
- Management structure
- Organizer information
The amount of information requested varies between states.
A single-member LLC may have a simpler ownership structure than an LLC with multiple members.
Operating Agreement
An Operating Agreement is another important document for an LLC.
Unlike the Articles of Organization, it generally describes how the company operates internally. It can explain ownership, management responsibilities, voting procedures, profit distribution, and how major business decisions are made.
The SBA recommends creating an operating agreement because it helps define the company's financial and functional decision-making structure, even when the state does not require one.
The operating agreement is usually kept with the company's records rather than filed with the state.
Identification Documents
A state may not always require you to submit a passport or other identity document with the basic LLC formation filing. However, identification documents can become important during other parts of the setup process.
For example, banks and financial service providers may request:
- Valid passport
- Government-issued identification
- Proof of residential address
- Business formation documents
- Ownership information
Non-resident owners should keep clear copies of their identification documents available.
The exact requirements depend on the institution you are dealing with.
EIN Application Documents
After forming the LLC, you may need an Employer Identification Number (EIN) from the Internal Revenue Service.
The EIN is a federal tax identification number used for certain business tax and reporting purposes. Depending on the LLC's structure and activities, an EIN may be required or useful for banking and other purposes.
The main IRS document used to apply for an EIN is Form SS-4. The current form requests information such as the LLC's legal name, mailing address, responsible party, LLC details, business start date, and reason for applying.
Documents for Non-Resident EIN Applicants
Non-resident owners need to pay particular attention to the EIN application.
If the LLC's principal place of business is outside the United States, the IRS does not allow the applicant to use the online EIN application. International applicants can apply by telephone, fax, or mail using the procedures provided by the IRS.
The responsible party must be identified on Form SS-4. The IRS states that a responsible party is generally the individual who owns or controls the entity and its assets.
If the responsible party does not have and is not eligible for an SSN or ITIN, the current Form SS-4 instructions explain how to complete the relevant field.
Proof of LLC Formation
Once your state approves the LLC, you should keep copies of the documents showing that the company was legally created.
Depending on the state, you may receive documents such as:
- Approved Articles of Organization
- Certificate of Organization
- Certificate of Formation
- State approval confirmation
These documents can later be useful when opening a business bank account, applying for financial services, working with vendors, or completing tax-related tasks.
Banking Documents
After your LLC is formed, you may want to open a business bank account.
Banks and financial institutions can have their own document requirements. They may ask for:
- LLC formation certificate
- Articles of Organization
- EIN confirmation
- Operating Agreement
- Passport or government ID
- Proof of address
- Information about the business
- Ownership details
Non-residents should check the requirements of the selected financial institution before relying on a specific banking option.
Forming an LLC does not automatically guarantee approval for a bank account.
Additional Licenses and Permits
An LLC registration does not automatically provide every license or permit required to operate a business.
Depending on your industry and location, you may need additional documents for federal, state, county, or city licenses.
For example, businesses in regulated industries can face additional requirements.
Before beginning operations, research the licenses that apply to your particular business activity.
Documents to Keep After Registration
Creating an organized business file can make future compliance easier.
Keep copies of:
- Articles of Organization
- Certificate of Formation or Organization
- Operating Agreement
- EIN confirmation
- Registered agent information
- State filings
- Annual reports
- Tax documents
- Business licenses
- Banking records
Keeping these documents together can make it easier to respond to requests from banks, government agencies, accountants, and other business partners.
If you are researching the process of setting up an LLC, US LLC formation can be a useful starting point for understanding the registration process.
Conclusion
The documents needed for U.S. LLC registration depend on the state and your business structure. In most cases, the key formation document is the Articles of Organization or its state-specific equivalent.
You may also need registered agent information, business details, ownership information, and an operating agreement. After formation, an EIN application may be necessary depending on your circumstances, and non-resident owners must follow the IRS procedures for international applicants.
Preparing your documents before starting the registration process can help reduce mistakes and delays. Keep copies of all approved formation, tax, banking, and compliance documents so your LLC has a clear and organized business record.