How Long Will It Take To Create An LLC? - LegalZoom

Starting Your LLC

1. Business Formation
2. LLC
3. Starting Your LLC

How Long Will It Take to Create an LLC?When creating a limited liability company, the first question many people ask is how long is it going to take? Fortunately, it’s a simple process.

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Rebecca DeSimone, Esq.

Originally from upstate New York, Rebecca DeSimone is an attorney who practiced law in Western Pennsylvania for over two decades. She received a political science and English degree from Colgate University and a J.D. from Case Western Reserve University. DeSimone is the author of six legal self-help books and a collection of other works. Her most recent novel: Faith's Lesson – The Chronicles of Barrow's Hollow is in print now.Read more...Updated on: March 21, 2024Read time: 4 min

Table of Contents

1. 1What is an LLC?
2. 2LLC ownership
3. 3The state statute sets the rules
4. 4How to create an LLC
5. 5How long does it take to create an LLC?
6. 6Tax structure
7. 7Fees vary
8. 8LLC formation FAQs
   • 8.1What paperwork do I need to file to start an LLC?
   • 8.2How much does it cost to form an LLC?
   • 8.3What happens after my LLC is approved?
   • 8.4Do I need a lawyer or service to form an LLC?

When you decide to form a business, it can be an exciting time. But, at least in some states, formally getting the limited liability company (LLC) paperwork done takes longer than expected.

It’s not like ordering a product online, where you can expect to receive your goods at a specific time and can track your package along the way. With government agencies, there can be unknown delays. Find out more about LLCs, including how to form an LLC and how long it takes.

What is an LLC?

An LLC is an independent legal entity created under state law. All 50 states, as well as the District of Columbia, have enacted statutes that provide for limited liability company status.

While each state maintains its own specific set of rules and requirements for setting up an LLC and processing the paperwork, they all allow you to file the documents either online in mere minutes or by regular mail, over a period of days or weeks.

LLC ownership

LLCs are owned by investors known as members, and generally, the company is managed by a designated member or a larger group. Similar to the role of shareholders in a corporation, the liability of the LLC members is limited to the amount of the investment of those members.

The state statute sets the rules

State statutes provide the way in which the LLC in that particular state is created, registered, and dissolved. 

The statutes usually also indicate whether or not the LLC is required to include articles of organization, an LLC operating agreement form, or instead allow certain default provisions provided by statute to determine the proper setup.

How to create an LLC

As noted, starting an LLC requires a several steps. It typically takes five to 14 business days to form an LLC once you submit your paperwork to the state. However, the exact time depends on which state you're filing in and how busy they are when you apply.

As a general rule, the beginning and end of the year are usually the busiest times, so your application might take longer during these periods. If you need your LLC approved faster, most states offer expedited processing for an extra fee. v

How long does it take to create an LLC?

How long it takes to create an LLC varies by state. Depending on how fast the state processes business filings, it can generally take between a week to ten business days.

In some states, once your intake information is received, the state agency often issues approval for the limited liability company within only three business days.

There are, however, times of the year when it can take longer than expected, so you’ll want to plan accordingly. Usually, there is a heavy filing volume at the beginning and end of the year.

Tax structure

Once your LLC is officially filed by the state, it can be structured to resemble a corporation, to ensure the limited liability protection benefits of a corporation, while at the same time, providing the most basic level of taxation benefits as found in a partnership.

Fees vary

Payment of the filing fee (ranging from $100 to $1,000, depending on the state in which your documents are being filed) is necessary before the state will grant approval for your LLC. The LLC articles of organization will not be processed until your full payment is received by the state.

In many cases, creating an LLC is as simple as filing a single-page form with the state, often called the articles of organization or certificate of organization, depending on the state, along with the state filing fee.

LLC formation FAQs

What paperwork do I need to file to start an LLC?

In most states, you need to file a document called the articles of organization with your Secretary of State (SOS) office. Keep in mind that exact form names and government agencies can vary from state to state. 

How much does it cost to form an LLC?

The basic cost to start an LLC ranges from $35 to $500, depending on the state. Additional costs might include a registered agent service ($100 to $500 per year if you don't serve as your own), expedited processing fees ($50 to $150 or more), and professional services if you want help with operating agreements or other documents.

What happens after my LLC is approved?

Once your LLC is approved, you’ll likely need to take a few more steps to make your business fully operational. First, you should get an employer identification number (EIN) from the IRS, which you'll need for hiring employees, paying certain taxes, and opening a business bank account. 

In addition, it’s a good idea to create an LLC operating agreement (even if your state doesn't require it), get any necessary business licenses or permits, and register for any applicable state taxes. 

Do I need a lawyer or service to form an LLC?

No, you don't need a lawyer or service to form an LLC—you can file the paperwork yourself directly with your state. However, working with an online legal service like LegalZoom can be helpful if you want guidance. We can help prepare your paperwork for as low as $0 + your state’s filing fee, plus we offer packages to connect you with a business attorney for a predictable rate. 

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

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