How to Form an LLC Online: State-by-State Basics

Forming an LLC online usually takes less than an hour of actual filing. The confusion comes from everything around it: which state to file in, whether you need a registered agent service, what an operating agreement is, and which of the dozens of “LLC formation” websites are official.

Here’s the short version. Every state runs its own online filing portal, usually through the Secretary of State. You can file directly there yourself and pay only the state fee. Formation services are optional; they charge for convenience and add-ons.

This guide walks through the process step by step, shows how fees and annual requirements differ in 5 large states, and covers the federal steps that come after. It’s general information for US founders. This is not legal or tax advice, so check your state’s official site and talk to an attorney or accountant about your situation.

Before you file: 3 decisions

1. Which state

For most small businesses, the answer is the state where you live and operate. If you form an LLC in a different state, such as Delaware or Wyoming, but do business in your home state, you’ll typically also have to register there as a “foreign” LLC, which means 2 sets of fees and annual filings.

Out-of-state formation can make sense for venture-backed startups or holding companies with specific needs. For a local service business, shop or freelance practice, file at home.

2. The name

Your LLC’s name must be distinguishable from other businesses registered in your state and usually must include “Limited Liability Company,” “LLC” or “L.L.C.” Search your state’s business entity database before you file. Also check that a matching domain is available, since you’ll want it for your website and business email.

3. Who manages it

You’ll usually choose between member-managed (the owners run it day to day, typical for small businesses) and manager-managed (owners appoint managers, often used when some owners are passive investors).

Step-by-step: filing your LLC online

1. Go to your state’s official filing portal. Look for a .gov address, typically the Secretary of State or Division of Corporations. Search results often show paid services first, so check the URL.
2. Create an account on the portal.
3. Enter the LLC name exactly as you want it registered.
4. Name your registered agent and their in-state street address.
5. List the business address and, where asked, the organizers, members or managers.
6. Choose management structure and any optional provisions.
7. Pay the state filing fee by card or bank transfer.
8. Download and save the filed Articles of Organization (or your state’s equivalent) once approved. You’ll need them to open a bank account.

Processing times vary by state and season, from same-day to several weeks. Many states offer expedited processing for an extra fee.

What a registered agent does

A registered agent is the person or company that officially receives legal papers and state notices for your LLC. Nearly every state requires one, and the rules are similar: the agent needs a physical street address in the state and must be available during normal business hours. Florida’s Division of Corporations, for example, says the address must be a Florida street address, not a P.O. box, and that the LLC can’t serve as its own agent, though a member or manager can.

If you work from home and value privacy, or you travel often, a commercial agent can be worth it. If you have a storefront or office in the state, being your own agent is common.

State-by-state basics: fees and ongoing filings

Every state sets its own fees, names its documents differently and has its own annual requirements. Here’s how 5 large states compare, based on each state’s official site as of October 2026. Fees change, so confirm before filing.

A few state-specific traps worth knowing:

• California’s $800 annual tax. The Franchise Tax Board says the first payment is due by the 15th day of the 4th month after you file with the Secretary of State. The first-year exemption only applied to tax years beginning in 2021 through 2023, so new LLCs owe it from year 1.
• New York’s publication rule. Missing the 120-day deadline suspends the LLC’s authority to do business in the state until you comply. Publication costs vary widely by county, because the county clerk designates the newspapers.
• Florida’s May 1 deadline. The late fee is steep, and missing the report can lead to administrative dissolution.

For local help, our state top lists can point you to accountants and service providers, such as in Texas, California or Florida.

Key takeaway: The formation fee is a one-time cost, but annual taxes and reports are where LLC owners get caught. Before you file, look up your state’s ongoing requirements and put every deadline on your calendar.

The operating agreement: don’t skip it

An operating agreement is an internal document that sets out who owns what share of the LLC, how decisions are made, how profits are split, and what happens if a member leaves, dies or wants to sell. You usually don’t file it with the state.

Some states require one. New York’s Department of State, for example, says members must adopt a written operating agreement before, at the time of, or within 90 days after filing the Articles of Organization. Even where it’s not required, you should have one:

• It protects the liability shield. A clear agreement, separate bank account and proper records help show the LLC is a real, separate business.
• Banks may ask for it when you open a business account, especially for multi-member LLCs.
• It prevents partner disputes. Without one, your state’s default rules apply, and they may not match what you and your partners agreed verbally.

Single-member LLCs benefit too. A short agreement can address what happens to the business if you become incapacitated. Templates are a reasonable starting point for simple cases; have an attorney review it if you have partners, investors or unusual terms.

After the state approves: the federal and banking steps

Get an EIN, free, from the IRS

An Employer Identification Number is your business’s federal tax ID. The IRS issues it free through its online EIN application on IRS.gov, and you get the number immediately when you finish. The application must be completed in 1 session, and the IRS warns that some websites charge fees for EINs it issues for free. Use only irs.gov.

The IRS treats LLCs differently for tax purposes depending on members. By default, a single-member LLC is treated as a disregarded entity (taxed like a sole proprietorship) and a multi-member LLC as a partnership, unless you elect corporate or S corporation treatment. Talk to an accountant before making an election.

Beneficial ownership reporting no longer applies to US-formed LLCs

You may see older articles warning that new LLCs must file a beneficial ownership information (BOI) report with FinCEN. That changed. FinCEN finalized a rule, effective August 14, 2026, that permanently exempts companies created in the United States and their beneficial owners from BOI reporting. Only certain foreign companies registered to do business in the US remain subject to it. Be wary of letters or emails demanding BOI fees.

Open a business bank account and set up your books

Bring your filed Articles, your EIN and your operating agreement to the bank. Keep business and personal money completely separate from day 1. Then choose a bookkeeping tool; see how to choose small business accounting software. If you’ll owe self-employment tax, read how to pay quarterly estimated taxes online.

Also check local requirements: city or county business licenses, a state sales tax permit if you sell taxable goods, and professional licenses for regulated trades.

Where to start this week

1. Validate the idea first. If you haven’t tested demand yet, read how to validate a business idea before spending on formation.
2. Search your name in your state’s business database and check the domain.
3. Decide on your registered agent.
4. File online on your state’s official portal.
5. Sign an operating agreement with all members.
6. Get your EIN on IRS.gov.
7. Open a business bank account.
8. Calendar every recurring deadline: annual reports, franchise taxes and renewals.

If you’re also writing a plan for lenders or partners, see how to write a business plan with AI help.

Conclusion

Forming an LLC online is straightforward when you work directly with your state’s official portal: pick a name, appoint a registered agent, file, and pay the state fee. The real work is what comes after. Sign an operating agreement, get your free EIN, separate your finances, and keep up with your state’s annual filings so your LLC stays in good standing. This is not legal or tax advice; confirm details with your state and a qualified professional.

Sources

• California Secretary of State: LLC forms and fees — $70 Articles and $20 Statement of Information
• California Franchise Tax Board: Limited liability company — $800 annual tax and first-year due date
• Texas Secretary of State: Form 205 instructions — $300 Certificate of Formation fee
• Florida Division of Corporations: LLC fees — formation and annual report fees
• New York Department of State: Forming an LLC in New York — fees, publication and operating agreement requirements
• FinCEN: Beneficial Ownership Information Reporting — final rule exempting US-formed companies, effective August 14, 2026