A State-by-State Guide for New Jersey, Florida, Wyoming, New York, Texas, Delaware, and California
Forming a Limited Liability Company (LLC) in the United States is one of the most popular ways for entrepreneurs and small business owners to protect their personal assets while maintaining flexibility in management and taxation. In this guide, we’ll walk through the steps to form an LLC and explore the essential role of registered agents—highlighting key state-specific considerations in New Jersey, Florida, Wyoming, New York, Texas, Delaware, and California.
Step-by-Step: How to Form an LLC in the U.S.
Choosing a good LLC formation service is a one way to streamline the process. DIY or using an online LLC service, these are the basic steps to form an LLC.
1. Choose a State
Your first step is deciding where to form your LLC. Many entrepreneurs choose their home state, but others may choose business-friendly states like Delaware or Wyoming for legal and tax advantages.
2. Name Your LLC
Choose a unique name that complies with your state’s rules. Most states require the name to include “LLC” or “Limited Liability Company.” You can search your state’s business name database to check availability.
3. Appoint a Registered Agent
A registered agent is a person or service that receives legal and government documents on behalf of your LLC. Most states require an LLC to designate a registered agent with a physical address in the state of formation.
4. File Articles of Organization
This document (sometimes called a Certificate of Formation) officially registers your LLC with the state. It typically includes your business name, address, registered agent details, and member/manager structure.
5. Create an Operating Agreement
While not required in all states, this internal document outlines the ownership and management structure of your LLC and is crucial for resolving disputes and clarifying responsibilities.
6. Get an EIN from the IRS
An Employer Identification Number (EIN) is required to open a business bank account, hire employees, and file taxes. You can apply for free at irs.gov.
7. Register for State Taxes and Licenses
Depending on your location and industry, you may need to register for state taxes or obtain specific licenses or permits to operate legally.
The Role of a Registered Agent
A registered agent ensures your business stays compliant by receiving legal documents (like service of process and tax notices) on your behalf. Their role is critical, especially if:
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Your LLC operates in multiple states
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You work from home or travel frequently
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You want to maintain privacy and avoid publicizing your personal address
Using a professional registered agent service can help you stay organized and meet filing deadlines, reducing the risk of administrative dissolution or missed legal notices.
State-by-State Considerations
New JerseyÂ
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Requires a registered agent with a physical NJ address.
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Offers online formation through the Division of Revenue & Enterprise Services.
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New Jersey imposes a minimum annual report and business tax obligations for most LLCs.
Florida
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No state income tax on individuals makes it a popular state for LLCs.
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Must file Articles of Organization with the Florida Division of Corporations.
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Requires an annual report and a registered agent physically located in Florida.
Wyoming
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No state income tax and strong asset protection laws.
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Low filing fees and minimal ongoing reporting requirements.
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Ideal for holding companies and privacy-conscious business owners.
New York
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Requires publication of the LLC formation in two newspapers, which can be expensive.
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Registered agent not legally required, but highly recommended for convenience and privacy.
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Annual filing fee based on income level.
Texas
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No corporate or individual income tax, but franchise taxes apply.
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Registered agent must have a physical Texas address.
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Form 205 is filed with the Secretary of State to create an LLC.
Delaware
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Preferred for startups and investors due to business-friendly courts (Chancery Court).
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Registered agent is required; many services specialize in Delaware formations.
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Does not require owners to be listed in the public formation documents.
California
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Requires filing Articles of Organization with the Secretary of State.
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Annual $800 minimum franchise tax (even for inactive LLCs).
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California registered agent required and must be available during business hours.
Final Thoughts
Forming an LLC in the U.S. can be a straightforward process when you understand the key steps and state-specific rules. Choosing a reliable registered agent is a critical part of that process, offering compliance support, privacy, and peace of mind. Arizona registered agent, a Georgia registered agent
Whether you’re launching a new business in Florida’s sunshine, New York’s bustling economy, or Wyoming’s low-tax environment, make sure you meet all formation and compliance requirements to set your LLC up for success.
