Do I Need A Registered Agent To Form An Llc

Here are the steps you need to have to commencement a limited liability company (LLC) in Pennsylvania.

A limited liability visitor (LLC for brusque) is a style to legally structure a business concern. It combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. Any business organization possessor who seeks to limit his or her personal liability for business debts and lawsuits should consider forming an LLC.

Here are the steps you lot need to take to grade an LLC in Pennsylvania. For more information on how to form an LLC in whatever land, run into Nolo's commodity How to Course an LLC.

ane. Choose a Name for Your LLC

Nether Pennsylvania law, your LLC name must contain the words "Visitor," "Express," or "Express Liability Company," or an abbreviation of one of these three choices. The statute does not provide examples of acceptable abbreviations for these words; however, information technology is likely that "Ltd." and "Co." tin can be used, but not "Liab.'"

Your LLC's name must be distinguishable from the names of other business concern entities already on file with the Pennsylvania Section of Country. Names may exist checked for availability at the Pennsylvania Department of State business concern name database.

You may reserve a proper noun for 120 days by filing a Name Reservation (Form DSCB:15-208) with the Pennsylvania Department of State. The filing fee is $70. The grade by be filed online or by postal mail.

2. Appoint a Registered Agent

Every Pennsylvania LLC must have an agent for service of process in the state. In Pennsylvania, this is called a registered part (most other states crave a registered agent).This is an individual or business entity that agrees to accept legal papers on the LLC's behalf if it is sued. The registered office may be an Pennsylvania resident or a business concern entity authorized to do business in Pennsylvania. The registered office must take a physical street address in Pennsylvania. You tin can detect data on Pennsylvania commercial registered function providers hither.

iii. File a Certificate of Organization

A Pennsylvania LLC is created past filing a Certificate of Organization Domestic Limited Liability Visitor (Grade DSCB:15-8821) with the Department of Country. The certificate must include:

the LLC'south proper noun
the name and accost of the LLC'south registered agent
the proper name of each organizer of the LLC
the effective date of the Certificate--upon filing or a afterwards date
whether the LLC will provide professional person services (applicative to certain restricted professional companies
whether the LLC is a public benefit visitor--that is, organized to do good the general public, and
signatures of all the LLC'southward organizers.

The certificate must be accompanied by a completed New Entity Docketing Statement (Form DSCB:15-134A). This form must include:

the LLC's name
the name and address of person responsible for initial tax reports
a clarification of the LLC's business action
it's federal employer identification number (EIN), and
its fiscal year cease.

The certificate and docketing argument may be filed online or by mail service. The filing fee is $125.

All of the paperwork and procedural steps to start a limited liability company can be done online using Nolo's Online LLC Germination service.

4. Prepare an Operating Agreement

An LLC operating understanding is not required in Pennsylvania, simply is highly advisable. The Operating Understanding is the primary certificate that establishes the rights, powers, duties, liabilities, and obligations of the members amongst themselves and to the LLC. The Operating Understanding is purely an internal document and is not filed with the Secretarial assistant of Land. If an existing or newly created LLC does not prefer an operating agreement, its existing articles of system, bylaws or operating agreement, and/or its member control or express liability visitor agreement will collectively become its operating agreement.

For help creating an LLC operating agreement, meet Course Your Own Limited Liability Company, by Anthony Mancuso (Nolo). If an operating agreement is created, it need not be filed with the document of Organization.

five. Obtain an EIN

If your LLC has more than one member, it must obtain its ain IRS Employer Identification Number (EIN), fifty-fifty if information technology has no employees. If you grade a one-fellow member LLC, you must obtain an EIN for it just if it will have employees or you elect to have it taxed as a corporation instead of a sole proprietorship (disregarded entity). Y'all may obtain an EIN by completing an online EIN awarding on the IRS website. There is no filing fee.

6. File Annual Registration (Restricted Professional LLCs Just)

Merely foreign LLCs and Pennsylvania LLCs engaged in certain specified restricted professional person services must file a Certificate of Annual Registration (Grade DSCB:fifteen-8221/8998) with the Department of State. (See Nolo'south article, How to Form a Professional LLC in Pennsylvania for more information.) These must exist filed with the Pennsylvania Department of Land Corporation Agency by Apr 15th of every yr. The registration may be filed online or by postal mail service. An almanac fee of $560 times the number of members of the LLC must be paid.