Guide
How to Start an LLC in 2026
Forming an LLC is more approachable than most people think. This guide walks through every step in plain English so you can do it yourself — and understand exactly what any paid service would be doing on your behalf.
Not legal advice. Open Legal Aid is not a law firm and does not provide legal advice or representation. Our guides and tools offer general legal information and self-help documents only, and using them does not create an attorney–client relationship. Laws vary by state and change over time — for advice about your specific situation, consult a licensed attorney.
1. Choose your state
Most people should form their LLC in the state where they actually live and do business. Forming in a "friendlier" state like Delaware or Wyoming can add cost and paperwork (you may have to register as a foreign LLC in your home state anyway). Filing fees and annual requirements vary a lot by state — our free tool below shows them side by side.
→ Use the free formation checklist tool to see your state's fees and steps.
2. Name your LLC
Your name must be unique in your state and usually must include "LLC" or "Limited Liability Company." Search your Secretary of State's business database to confirm it's available, and check that a matching domain and social handles are free. Avoid words that imply you're a bank, insurer, or government agency.
3. Appoint a registered agent
A registered agent is the person or company that receives legal mail for your LLC. You can be your own agent in most states, but you'll need a physical address in the state and to be available during business hours — which is why many owners use a registered-agent service for privacy and reliability.
4. File your Articles of Organization
This is the document that officially creates your LLC. You file it with your state and pay the filing fee (often $50–$300). Most states let you file online and approve within days. Once it's approved, your LLC legally exists.
Want a service to file it for you?
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5. Get an EIN
An EIN (Employer Identification Number) is like a Social Security number for your business. You need one to open a business bank account, hire employees, and file taxes. You can get one for free directly from the IRS website in a few minutes — never pay a third party just for the EIN itself.
→ Use the free EIN walkthrough tool for the exact steps for your situation.
6. Write an operating agreement
An operating agreement sets out who owns the LLC, how profits are split, and how decisions get made. Even single-member LLCs should have one — it reinforces the liability protection that keeps your personal assets separate from the business.
7. Stay compliant
After formation, keep your LLC in good standing: file annual (or biennial) reports, pay any state franchise taxes, keep business and personal finances separate, and renew your registered agent. Missing these can lead to penalties or administrative dissolution.
Frequently asked questions
How much does it cost to start an LLC?
It depends on your state — filing fees typically range from about $35 to $500. See our state-by-state guide for exact figures, and always confirm the current fee with your Secretary of State before filing.
How long does it take to form an LLC?
Most states approve filings within a few business days to a few weeks, depending on whether you file online and whether expedited processing is available. Check your state's page for typical processing times.
Do I need a lawyer to start an LLC?
No — most people can form an LLC themselves using their state's online filing system. A lawyer can be helpful for complex ownership structures or industry-specific requirements, but it isn't required for a typical formation.
What's the difference between member-managed and manager-managed?
In a member-managed LLC, the owners (members) run the day-to-day business themselves. In a manager-managed LLC, the members appoint one or more managers (who may or may not be members) to run operations instead.
Can I be my own registered agent?
In most states, yes — as long as you have a physical street address in that state and are available during normal business hours to receive legal documents. Many owners use a registered-agent service instead for privacy or convenience.
Does a single-member LLC need an operating agreement?
It's not always legally required, but it's still a good idea. An operating agreement helps document that the LLC is a distinct entity from its owner, which supports the liability protection an LLC is meant to provide.
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