How to Start an LLC in 2026: A Complete Step-by-Step Guide
How to Start an LLC in 2026: A Complete Step-by-Step Guide
Starting a Limited Liability Company (LLC) is one of the best decisions you can make for your small business. An LLC combines the liability protection of a corporation with the simplicity and tax advantages of a partnership.
Why Form an LLC?
- Personal asset protection — Your personal savings, home, and car are protected from business debts
- Pass-through taxation — Profits pass directly to your personal tax return, avoiding double taxation
- Credibility — "LLC" after your name signals legitimacy to clients and partners
- Flexible management — No board of directors required; manage it yourself or with partners
Step 1: Choose Your State
Most small businesses should form their LLC in their home state. While Delaware and Wyoming are popular for large corporations, they make less sense for a small local business that will also need to register as a "foreign LLC" in your home state anyway — costing you double fees.
Step 2: Choose a Business Name
Your LLC name must:
- Include "LLC," "L.L.C.," or "Limited Liability Company"
- Be unique in your state (check your state's business search tool)
- Not include restricted words (Bank, Insurance, Attorney, etc.)
Step 3: File Articles of Organization
File with your state's Secretary of State office. This typically costs $50-$500 depending on the state.
Information needed:
- Business name and address
- Registered agent name and address
- Member names (owners)
- Business purpose
Step 4: Get an EIN (Employer Identification Number)
An EIN is your business's Social Security Number — required for:
- Opening a business bank account
- Filing business taxes
- Hiring employees
The IRS issues EINs for free via their website. You can also use our EIN Filing Service to handle it for $49.
Step 5: Create an Operating Agreement
While not always legally required, an Operating Agreement is essential. It defines:
- Member ownership percentages
- Profit distribution
- Decision-making procedures
- What happens if a member leaves
Step 6: Open a Business Bank Account
Never mix personal and business finances. Open a dedicated business checking account immediately after forming your LLC.
Costs Summary
| Item | Typical Cost | |------|-------------| | State filing fee | $50-$500 | | Registered agent (1st year) | $0-$150 | | EIN (self-file) | Free | | EIN (via our service) | $49 | | Operating Agreement | Free with template | | Total | $50-$700 |
Disclaimer
State laws vary significantly. This guide provides general information. Consult a business attorney for advice specific to your situation.
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Legal Disclaimer: This article provides general legal information only, not legal advice. Laws vary by jurisdiction. 1StopLegalAI is not a law firm. Always consult a licensed attorney for advice specific to your situation.