Step-by-Step Guide
How to Start an LLC in 2026
7 steps. One afternoon. Every state. This guide walks you through the entire LLC formation process — from choosing your state to opening a business bank account.
Choose Your State
Form your LLC in the state where you live and do business. Despite what you may have read about Delaware or Wyoming, your home state is the right choice for 90% of small businesses. Forming elsewhere means paying fees in two states instead of one.
Tip: Only consider a different state if you have no physical presence anywhere (fully online) or you're seeking specific investor-friendly laws (venture-backed startups → Delaware).
Choose Your LLC Name
Your LLC name must be unique in your state and include "LLC" or "Limited Liability Company." Search your state's Secretary of State business database to check availability. Most states let you search online for free.
Tip: Check domain availability too. If yourcompany.com is taken, consider alternatives before you commit to the name.
Appoint a Registered Agent
Every LLC needs a registered agent — a person or company that accepts legal documents on your behalf. You can be your own registered agent (free) or hire a service. A professional registered agent keeps your home address off public records and ensures you never miss a legal notice.
Tip: Eleet AI provides registered agent service for $100/year in all 50 states — the lowest price from any national provider.
File Articles of Organization
This is the official document that creates your LLC. File it with your state's Secretary of State. Most states accept online filing. You'll need: LLC name, registered agent name and address, organizer name, and management structure (member-managed or manager-managed).
Tip: Processing time varies: some states (Texas, Florida) take 2–3 business days. Others (New York, California) take 1–2 weeks. Expedited processing is available in most states for an extra fee.
Create an Operating Agreement
An operating agreement defines how your LLC is managed: ownership percentages, profit distribution, voting rights, and what happens if a member leaves. Most states don't require one, but every LLC should have one — even single-member LLCs. Without it, your state's default rules govern your business.
Tip: Single-member LLCs: an operating agreement helps maintain liability protection by showing your LLC is a separate entity from you personally.
Get an EIN (Employer Identification Number)
An EIN is your LLC's tax ID number, like a Social Security Number for your business. You need it to open a business bank account, hire employees, and file taxes. Apply free at IRS.gov (online, instant approval) or use a filing service if you want it handled for you.
Tip: Apply online at IRS.gov during business hours (7 AM – 10 PM ET, Mon–Fri) for instant approval. The paper/fax method takes 4–6 weeks.
Open a Business Bank Account
Never mix personal and business finances. Open a dedicated business checking account using your EIN and Articles of Organization. This protects your personal liability shield — commingling funds is the #1 reason courts "pierce the corporate veil" and hold LLC owners personally liable.
Tip: Many banks offer free business checking for small LLCs. Bring your Articles of Organization, EIN confirmation letter, operating agreement, and government-issued ID.
Total Cost Breakdown
| Item | Cost Range | Notes |
|---|---|---|
| State filing fee | $50–$500 | One-time. Varies by state. |
| Registered agent | $0–$299/yr | $0 if you self-serve, $100/yr with Eleet AI. |
| Operating agreement | $0–$99 | Free templates available; $99 for professional prep. |
| EIN | $0–$49 | Free from IRS directly. |
| Business bank account | $0 | Free at most banks. |
| Total (typical) | $100–$500 | Depends on state + services chosen. |
After You Form: First Week Checklist
- ☐ Open a business bank account (bring Articles of Organization + EIN letter)
- ☐ Get a business credit card (keeps expenses separate from day one)
- ☐ Set up basic accounting (Wave, QuickBooks, or even a spreadsheet)
- ☐ Check city/county business license requirements
- ☐ Consider business insurance (general liability at minimum)
- ☐ Calendar your annual report due date (varies by state)