Including New Jersey, Florida, Wyoming, New York, Texas, Delaware, and California
Starting a Limited Liability Company (LLC) in the United States is a popular move for business owners who want liability protection without the complexity of a corporation. In this guide, you’ll learn how to form an LLC, why a registered agent is essential, and what to expect in seven key states: New Jersey, Florida, Wyoming, New York, Texas, Delaware, and California.
How to Start an LLC in the United States
1. Pick a State for Your LLC
You can form an LLC in any state, regardless of where you live, but most entrepreneurs choose their home state. Others may opt for states like Delaware or Wyoming to take advantage of tax savings or business-friendly laws.
2. Name Your LLC
Your LLC name must be unique in the state where you’re filing and must include a designation like “LLC,” “L.L.C.,” or “Limited Liability Company.” Most states offer a name search tool on their Secretary of State website.
3. Designate a Registered Agent
A registered agent is a person or service that accepts official legal and tax documents on your LLC’s behalf. This is a legal requirement in every state. The agent must have a physical address in the state and be available during business hours.
4. File the Formation Documents
These documents—called Articles of Organization or Certificate of Formation—establish your LLC with the state. You’ll need to provide basic details such as your business name, address, registered agent, and whether your LLC will be member- or manager-managed.
5. Draft an Operating Agreement
This agreement outlines how your LLC will be run, how decisions will be made, and what happens if a member leaves. While not always mandatory, it’s highly recommended and often required for internal clarity and legal protection.
6. Get a Federal EIN
The Employer Identification Number (EIN) acts like a Social Security number for your business. It’s free from the IRS and is required for hiring employees, opening business bank accounts, and filing taxes.
7. Comply with State Regulations
Depending on your business type and location, you may need licenses, permits, or to register for sales and use tax. Check your state’s business portal to find out what’s required.
Why Registered Agents Matter
Every LLC must list a registered agent to receive legal papers, including service of process notices and government correspondence. This role is especially important for:
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Businesses with no physical office
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Owners who travel or operate remotely
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Anyone seeking privacy (instead of using a home address)
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Ensuring timely responses to lawsuits or legal deadlines
Many business owners hire an LLC formation service and a professional registered agent service to ensure reliability and compliance across multiple states.
Key Differences by State
New Jersey
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Requires a registered agent with a physical New Jersey address.
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LLCs must file annual reports and pay a modest filing fee.
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Online filing is available through the state’s business portal.
Florida
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No individual income tax, making it an attractive option for small businesses.
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Registered agent must be located in Florida and be available during business hours.
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Annual report required to keep your LLC active.
Wyoming
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Offers anonymity, low costs, and no state income tax.
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One of the most business-friendly states for asset protection.
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Requires minimal annual maintenance.
New York
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Unique requirement: LLCs must publish a notice of formation in two newspapers.
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A registered agent isn’t required by law, but having one is still a smart choice.
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Annual filing fees are based on the company’s income.
Texas
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No income tax, but LLCs are subject to a franchise tax if revenue exceeds a threshold.
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You must name a registered agent with a Texas physical address.
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LLC formation is done via Form 205 filed with the Secretary of State.
Delaware
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Known for its pro-business legal system and flexible corporate laws.
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A registered agent located in Delaware is required.
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Ideal for startups and businesses seeking venture capital.
California
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High filing fees and an $800 annual franchise tax apply to all LLCs.
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Requires a registered agent with a California address.
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Articles of Organization are filed with the Secretary of State, and an Operating Agreement is strongly advised.
Wrapping Up
Forming an LLC gives you legal protection and flexibility, but it also comes with responsibilities. A registered agent is not just a compliance requirement—it’s a key part of keeping your business running smoothly and securely.
Whether you’re starting a tech company in California, a real estate business in Texas, or an online brand in Florida, knowing the local rules and selecting a dependable registered agent are critical steps in the formation process.
Jeff Beckley is a business expert, journalist, book author, and founder of the website Best Inc Services. Jeff can be reached at, info@bestincservices.com
