How to Start an LLC in 2026 (Step-by-Step, State by State)
Forming an LLC is the single most common first step for a new business — and the one most people do in the wrong order. Here's the sequence that actually holds up.
ATTORNEY REVIEW REQUIRED: CreateDocs.ai is not a law firm. State rules differ; have a lawyer review anything complex (multi-member ownership, foreign members, regulated industries).
1. Decide the state
Form in the state where you'll operate. "Delaware everywhere" is a myth for solo founders — you'll pay Delaware and foreign-qualification fees in your home state. Form locally unless you're raising VC (then Delaware C-corp, not LLC).
2. Pick and reserve the name
Check your Secretary of State's name database. The name must include "LLC" / "L.L.C." and can't conflict with an existing entity.
Browse LLC & formation templates →
3. File the Articles of Organization
The one document you must file with the state (fees vary $35–$500). It names the LLC, its registered agent, and address. This is what legally creates the entity.
4. Get an EIN
The IRS employer ID number — free from irs.gov. You need it to open a business bank account and file taxes, even with no employees.
5. Write the Operating Agreement
This is the document people skip — and regret. It sets ownership %, voting, profit splits, and what happens if a member leaves or dies. States provide a default; you almost never want the default.
Generate an operating agreement →
Mistakes that get LLCs dissolved
- No operating agreement — the default state rules govern, often unfairly.
- Mixing personal and business funds — pierces the veil you formed the LLC to get.
- Missing the biennial report — states administratively dissolve for non-filing.
- Wrong state — double fees and double filings.
Takeaway
File the Articles, get the EIN, and — most importantly — write the operating agreement before you operate. Generate the documents, fill them in, and have a lawyer review the operating agreement if you have co-founders or significant assets.