Jake Lawson here. After walking over 1,200 entrepreneurs through LLC formation across all 50 states, I can tell you this: the paperwork isn’t complicated, but the details matter. Let me show you exactly how to get it right.
Thinking about forming an LLC? Smart move. But here’s what most “how-to” guides won’t tell you: filing your LLC formation documents is just the beginning. The real key is understanding what you’re filing, why it matters, and how to avoid the mistakes that cost time and money.
I’ve seen entrepreneurs mess this up in every way possible—from picking the wrong state to filling out forms incorrectly. Today, I’m going to save you from those headaches.
What Are LLC Formation Documents (And Why They Matter)
Your LLC formation documents are the legal paperwork that officially creates your limited liability company with your state government. Think of them as your business’s birth certificate.
Common names for these documents:
- Articles of Organization (most states)
- Certificate of Organization
- Certificate of Formation
- Articles of Incorporation (for LLCs in a few states)
What makes them official:
- Filed with your state’s Secretary of State (or equivalent agency)
- Paid filing fee accepted
- State approval received
Until these documents are approved, your LLC doesn’t legally exist. You can’t open business bank accounts, get business licenses, or enjoy liability protection.
Jake’s reality check: I’ve had clients operate for months thinking they had an LLC, only to discover their paperwork was never properly filed. Don’t let that be you.
Before You File: Essential Preparation Steps
Step 1: Choose Your LLC Name (And Verify Availability)
Your LLC name must be unique in your state and follow specific naming requirements.
Must include:
- “Limited Liability Company,” “LLC,” or “L.L.C.”
Cannot include:
- Restricted words (Bank, Insurance, Corporation in most states)
- Names already in use by existing businesses
Search your state’s business database before falling in love with a name. I’ve seen too many entrepreneurs get attached to names that aren’t available.
Pro tip: Have 2-3 backup names ready. Name availability changes daily as new businesses form.
Step 2: Select Your Registered Agent
Every LLC needs a registered agent—someone who accepts legal documents on behalf of your business.
Options:
- Yourself (if you have a physical address in the formation state)
- Professional registered agent service ($50-$300/year)
- Attorney or business associate (if they agree and meet requirements)
Jake’s recommendation: Use a professional service unless you’re forming in your home state and want your address public. Here’s why:
- Your home address goes on public record if you serve as your own agent
- You must be available during business hours to accept documents
- Professional services notify you immediately when documents arrive
Step 3: Determine Your Management Structure
LLCs can be managed by:
- Members (owners manage the business)
- Managers (designated people manage, members are passive investors)
Most single-member and small multi-member LLCs choose member-managed. Only choose manager-managed if you have passive investors or complex ownership structures.
State-by-State Filing Fees and Timing (2025)
Here’s what you’ll actually pay to form your LLC, updated for 2025:
Lowest Cost States:
- Kentucky: $40
- Mississippi: $50
- Arkansas: $45
- Iowa: $50
- Wyoming: $60
Highest Cost States:
- Massachusetts: $520
- Nevada: $425
- Illinois: $500
- New York: $200
- California: $70 (plus $800 annual tax)
Popular Business States:
Processing times:
- Online filing: 1-5 business days (most states)
- Mail filing: 1-3 weeks (depending on state volume)
Jake’s insight: Don’t choose a state just because of low filing fees. Ongoing costs (annual reports, franchise taxes) often matter more than the initial $50-100 difference.
How to File Your LLC Formation Documents
Option 1: Online Filing (Recommended)
Most states offer online filing through their Secretary of State website.
Advantages:
- Faster processing (1-5 days vs. 1-3 weeks)
- Immediate confirmation of receipt
- Credit card payment accepted
- Real-time error checking
What you’ll need:
- Your LLC information (name, address, registered agent)
- Credit or debit card for payment
- Email address for confirmation
Step-by-step process:
- Visit your state’s Secretary of State website
- Find the “File Online” or “Business Filings” section
- Select “Form New LLC” or similar option
- Complete the online form
- Review information carefully
- Pay filing fee with credit/debit card
- Save confirmation number and receipt
Option 2: Mail Filing
Download forms from your state’s website, complete by hand or computer, then mail with payment.
When to use mail filing:
- Your state doesn’t offer online filing
- You prefer paper documentation
- You’re filing multiple documents simultaneously
Payment methods:
- Personal check
- Cashier’s check
- Money order
Make checks payable to: Your state’s business filing agency (usually “Secretary of State” or “Department of State”)
What Information Goes in Your Formation Documents
Required Information (All States):
LLC Name: Your chosen business name with required designator
Principal Office Address: Your main business location (can be home address)
Registered Agent: Name and address of your registered agent
Organizer: Person filing the documents (doesn’t have to be a member)
Additional Information (Some States):
Management Structure: Member-managed or manager-managed
Business Purpose: Some states require a description of your business activities
Effective Date: When your LLC officially begins (can be future date)
Duration: How long your LLC will exist (most choose “perpetual”)
Initial Members: Names and addresses of initial owners
Information You DON’T Need to Include:
- Operating Agreement (keep this private)
- EIN/Tax ID Number (get this after LLC approval)
- Business licenses (apply for these separately)
- Detailed financial information
Jake’s advice: Keep your filing simple. Include only required information. Everything else can be handled privately through your operating agreement.
Common Filing Mistakes (And How to Avoid Them)
Mistake 1: Inconsistent Name Usage
Problem: LLC name on filing doesn’t match name you’ve been using
Solution: Use your exact chosen LLC name throughout all documents
Mistake 2: Wrong Registered Agent Address
Problem: Using P.O. Box or incorrect state address
Solution: Verify registered agent has physical address in formation state
Mistake 3: Incomplete Address Information
Problem: Missing apartment numbers, suite numbers, or ZIP codes
Solution: Use complete, accurate addresses throughout
Mistake 4: Choosing Wrong Management Structure
Problem: Selecting manager-managed when you meant member-managed
Solution: Understand the difference before filing (most small LLCs are member-managed)
Mistake 5: Filing in Wrong State
Problem: Forming in Delaware or Nevada without understanding implications
Solution: Form in your home state unless you have specific reasons to go elsewhere
From my experience: 80% of LLC filing rejections are due to name conflicts or address errors. Double-check these before submitting.
Should You Hire a Formation Service?
DIY Filing Makes Sense If:
- You’re forming in your home state
- You understand the requirements
- You have time to handle the paperwork
- You want to save $100-500
Hire a Service If:
- You value convenience over cost savings
- You’re busy and want professional handling
- You need registered agent service anyway
- You want ongoing compliance reminders
My recommended services:
- Northwest Registered Agent: Best overall value and service
- ZenBusiness: Good for simple formations with ongoing support
- LegalZoom: Recognizable brand, higher cost
Jake’s honest take: Formation services don’t do anything you can’t do yourself, but they handle details and provide ongoing support that many entrepreneurs find valuable.
What Happens After Filing
Immediate Next Steps (First 30 Days):
- Apply for EIN from the IRS (required for banking and taxes)
- Create Operating Agreement (even single-member LLCs should have one)
- Open business bank account (keep business and personal finances separate)
- Get business insurance (general liability, professional liability, etc.)
Ongoing Compliance Requirements:
- Annual Reports: Most states require yearly filings ($0-$500 annually)
- State Taxes: File annual state tax returns
- Business Licenses: Obtain required licenses for your industry
- Registered Agent: Maintain continuous registered agent service
State-Specific Ongoing Costs:
- California: $800 annual franchise tax (minimum)
- Delaware: $300 annual franchise tax
- Nevada: $325 annual list filing fee
- Most other states: $10-100 annual report fees
Special Situations and Considerations
Multi-State Operations
If you’ll do business in multiple states, you may need to register as a “foreign LLC” in each state. This adds:
- Foreign registration fees ($50-300 per state)
- Annual compliance in multiple states
- Potential tax filing requirements
Professional LLCs
Doctors, lawyers, accountants, and other licensed professionals may need to form a Professional LLC (PLLC) with additional requirements:
- Professional licensing board approval
- Specific naming requirements
- Enhanced malpractice insurance requirements
Series LLCs
Available in some states (Delaware, Nevada, Texas, others), allowing multiple “series” under one LLC umbrella. Complex structure requiring professional guidance.
State Selection Strategy: Beyond Filing Fees
Form in Your Home State If:
- You’ll primarily operate locally
- You want simple compliance
- You don’t need special legal protections
- You’re a small to medium business
Consider Delaware If:
- You plan to raise venture capital
- You want sophisticated business law framework
- You may go public eventually
- You have complex ownership structures
Consider Nevada If:
- You want strong privacy protections
- You have significant personal assets to protect
- You don’t mind higher annual fees
Consider Wyoming If:
- You want low costs and minimal regulations
- You’re forming a holding company
- You value privacy and asset protection
Jake’s state selection rule: Unless you have specific reasons to go elsewhere, form in your home state. It’s simpler, cheaper, and just as effective for most businesses.
Your LLC Formation Action Plan
Week 1: Planning
- [ ] Choose 3 potential LLC names
- [ ] Search state business databases for availability
- [ ] Decide on registered agent strategy
- [ ] Determine management structure
Week 2: Filing
- [ ] Complete state formation documents
- [ ] Submit filing online or by mail
- [ ] Pay required filing fees
- [ ] Save confirmation numbers and receipts
Week 3: Follow-up
- [ ] Receive state approval
- [ ] Apply for federal EIN
- [ ] Draft operating agreement
- [ ] Research business insurance options
Week 4: Operations
- [ ] Open business bank account
- [ ] Apply for necessary business licenses
- [ ] Set up accounting system
- [ ] Begin business operations
Final Thoughts: Making Your LLC Formation Count
Filing LLC formation documents isn’t just about completing paperwork—it’s about properly launching your business entity. The choices you make during formation (state, name, structure) will affect your business for years to come.
My philosophy: Take time to get the foundation right. It’s easier to file correctly the first time than to fix mistakes later.
Whether you’re launching a tech startup, opening a restaurant, or starting a consulting practice, your LLC formation documents are the legal foundation everything else builds on.
Ready to file? Choose your state, gather your information, and follow the process above. If you’re unsure about any step, most Secretary of State offices have helpful staff who can answer basic questions.
The business world is waiting for what you’re building. Don’t let paperwork slow you down—but don’t rush through it either. Get it right, and get started.
About Jake Lawson: I’ve guided over 1,200 entrepreneurs through LLC formation across all 50 states and D.C. My goal is simple: help you navigate the formation process efficiently so you can focus on building your business.
Need state-specific guidance? Check out our comprehensive state-by-state LLC formation guides, or browse our reviews of the top LLC formation services for 2025.
This guide covers standard LLC formation. Some businesses require special licenses or have unique requirements. Consider consulting with a business attorney for complex situations or regulated industries.