You can file your own LLC paperwork without a lawyer in every state. The process runs through your state’s Secretary of State (or equivalent office), costs between $35 and $500 in filing fees, and can usually be completed online in a single sitting. No state requires an attorney to form an LLC, though legal advice is worth considering if you have complex ownership arrangements or plan to operate across multiple states.
The rest of this guide walks through what goes into the formation document, how to submit it, the mistakes that cause rejections, and the tasks that come due the moment your LLC is approved.
What Goes in the Formation Document
The formation document is called “Articles of Organization” in most states and “Certificate of Organization” or “Certificate of Formation” in a few. Your Secretary of State’s website provides the form, usually as a direct online entry or a downloadable PDF. The required fields are short and consistent across states.
Every filing asks for:
- Your LLC’s name, which must be distinguishable from every other entity already registered in the state. Run the free business-name search on your Secretary of State’s website before you submit. Registering a name with the state is not the same as holding a trademark, so another business could still challenge your use if the name conflicts with its existing mark.
- A registered agent — a person or company authorized to accept legal documents and official government mail for the LLC. The agent needs a physical street address in the state (not a P.O. box) and must be available there during business hours.
- A principal office address, meaning where you conduct most of your business or keep company records. It does not have to be in the same state as your registered agent.
Some states also want a brief statement of purpose. A broad description along the lines of “any lawful business activity” is almost always enough and saves you from amending later if your business shifts direction. A few states ask whether the LLC will be member-managed or manager-managed; decide that before you file.
Reserving a Name Before You File
If your paperwork is not quite ready, most states let you reserve a business name for a set period — commonly 120 days — for a small fee. A name search alone reserves nothing; the name stays open until you either reserve it or file the Articles.
Being Your Own Registered Agent
You can list yourself as the registered agent and skip the service fee, but you have to be physically present at the listed address during standard business hours. If you travel often, work from different locations, or do not want your home address on the public record, a commercial registered agent service generally charges between $50 and $300 per year.
How to File and What It Costs
Submit the completed Articles to the Secretary of State. Most states accept electronic filings through a secure portal, and online submissions often process faster, sometimes within minutes. Mail filing works everywhere but can add days or weeks.
State filing fees run from $35 to $500. Many states offer expedited processing for an added fee that can range from under $50 to several hundred dollars. Online filings generally take credit card payment; mail filings take check or money order. Once the state processes your filing, it issues a stamped or certified copy confirming the LLC exists.
A handful of states add a publication step, requiring you to run a notice of your LLC’s formation in a local newspaper. Where it applies, this can cost anywhere from $200 to over $1,000 depending on the county. Check your state’s rules before filing so the cost does not surprise you.
Why DIY Filings Get Rejected
Filing without a lawyer means no one is checking your paperwork before it reaches the state. The common rejection reasons are straightforward to avoid:
- Name conflicts. The proposed name is too close to an entity already on file. Run the state’s name search right before you submit, not days earlier.
- Missing or incorrect information. A blank field, a P.O. box listed for the registered agent, or a mismatch between the name on the form and the name on the payment can all trigger a rejection.
- Signature problems. Some states reject paper filings that use a computer-generated font meant to look like handwriting. Sign by hand on mail filings unless the instructions say otherwise.
- Wrong form or wrong fee. Download the current form directly from the Secretary of State rather than relying on a third-party template, and confirm the fee amount on the state’s own fee schedule.
A rejection is not a denial. Fix the problem and refile. Some states return your fee; others keep it and require a new payment. Read the rejection notice carefully before resubmitting.
What to Do After Your LLC Is Approved
A stamped copy of your Articles means the LLC legally exists, but a few tasks come due immediately.
Get an Employer Identification Number
An EIN is the nine-digit number the IRS assigns to business entities for tax filing and reporting. You need one to open a business bank account, hire employees, or file certain tax returns. The IRS online application is free and issues the number right after approval.1Internal Revenue Service. Get an Employer Identification Number If you cannot use the online tool — for instance, if your principal business is outside the United States — you can apply by fax or mail using Form SS-4.2Internal Revenue Service. About Form SS-4, Application for Employer Identification Number (EIN)
Draft an Operating Agreement
An operating agreement is an internal document setting out how the LLC will be run. A few states require one, but every LLC benefits from having one, particularly multi-member LLCs. Without an operating agreement, your state’s default LLC rules apply, and those defaults may not match what you and your co-owners actually intend.
A solid operating agreement covers each member’s ownership percentage and initial contribution, how profits and losses are divided, whether the LLC is member-managed or manager-managed and what decisions require a vote, what happens if a member wants to leave or dies, and the circumstances that would dissolve the company.
Get the Right Business Licenses
Forming an LLC does not authorize you to do business on its own. Depending on your industry and location, you may need a general business license from your city or county, a state sales tax permit, industry-specific licenses like a food handler’s permit or contractor’s license, or workers’ compensation coverage if you have employees. Check with your state and local offices before you start operating.
Choosing a Tax Classification
The IRS does not treat an LLC as its own tax category. It assigns a default based on the number of owners. A single-member LLC is a “disregarded entity,” meaning you report business income and expenses on your personal return. A multi-member LLC is taxed as a partnership by default, with each member receiving a Schedule K-1.3eCFR. 26 CFR 301.7701-2 – Business Entities; Definitions
You can elect something different. An LLC can be taxed as a C-corporation by filing Form 8832.4Internal Revenue Service. About Form 8832, Entity Classification Election From there, filing Form 2553 lets it be treated as an S-corporation, which can reduce self-employment tax for owners who also work in the business. The S-corporation election must generally be filed no more than two months and 15 days after the beginning of the tax year it will take effect.5Internal Revenue Service. Instructions for Form 2553 These elections have real tax consequences. Even if you handle the formation paperwork yourself, talking to a tax professional before choosing a non-default classification is worth the cost.
Keeping the LLC in Good Standing
Formation is one event. Compliance is ongoing. Most states require LLCs to file a periodic report, either annually or every two years, updating the address, registered agent, and current members or managers. Report fees range from $0 to several hundred dollars, with most under $200.
Miss a deadline and the state typically sends a delinquency notice and charges a late fee. Keep missing it and the state can administratively dissolve the LLC, revoking its legal existence. A dissolved LLC loses the liability protection that was the reason to form the LLC in the first place. Reinstatement is usually possible but involves additional fees and paperwork, and any gap in active status could leave you personally exposed for business debts incurred during that window.
When DIY Filing Will Not Work
Two situations push past the standard self-filing path.
If you practice a licensed profession such as medicine, law, architecture, engineering, accounting, or mental health counseling, your state may require you to form a Professional Limited Liability Company (PLLC) rather than a standard LLC. The process is similar but typically requires proof of professional licensure as part of the filing. A standard LLC filing will be rejected if the PLLC structure is mandatory for your profession, so check with your state licensing board or Secretary of State before filing.
If your LLC does business in a state other than the one where it was formed, the second state may require you to register as a “foreign LLC.” That means filing a separate application, often called a Certificate of Authority, paying another filing fee, and designating a registered agent in that state. What counts as “doing business” varies, but a physical office, employees, or significant ongoing operations in another state generally triggers the requirement. Not registering where required can result in fines and the loss of your right to enforce contracts in that state’s courts.