Creating an LLC in the United States is one of the smartest moves for entrepreneurs who want legal protection, credibility, and access to the world’s largest market. This step-by-step guide explains how to form an LLC correctly in 2025.
Introduction
A Limited Liability Company (LLC) is the most popular business structure in the United States. It offers flexibility, limited liability protection, and simple tax treatment, making it ideal for startups, online businesses, and international entrepreneurs.
This guide walks you through the exact steps to create an LLC in the U.S., even if you are not a resident.
1. Choose the State Where You Will Form Your LLC
Popular states include:
- Wyoming: Low fees, strong privacy, and asset protection
- Delaware: Business-friendly laws and investor preference
- Florida: Ideal if you operate physically in the state
- Texas & Nevada: Competitive tax environments
If you don’t operate physically in the U.S., Wyoming or Delaware are usually the best options.
2. Choose a Name for Your LLC
Your business name must:
- Be unique in the chosen state
- Include “LLC” or “Limited Liability Company”
- Avoid restricted terms like “bank” or “insurance”
3. Appoint a Registered Agent
Every LLC must have a registered agent with a physical address in the state.
They receive:
- Legal notices
- Government correspondence
- Compliance reminders
4. File the Articles of Organization
This document officially creates your LLC. It includes:
- Business name
- Registered agent details
- Management structure
Most states allow online filing with approval in days or even hours.
5. Obtain an EIN from the IRS
An EIN (Employer Identification Number) is required to:
- Open a business bank account
- Pay taxes
- Use Stripe, PayPal, or other payment processors
Foreign owners can obtain an EIN without a Social Security Number.
6. Create an Operating Agreement
This internal document defines:
- Ownership percentages
- Profit distribution
- Decision-making rules
Highly recommended, even if not legally required.
7. Maintain Annual Compliance
Most states require annual reports or renewal fees. Missing deadlines can lead to penalties or dissolution.