How long does it take to get an LLC? A quick guide to the timeline

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  1. Introduction
  2. How long does it take to form an LLC?
  3. What types of businesses form LLCs?
  4. How to become an LLC
  5. 17. Consider business loans

LLC stands for "limited liability company." It is a specific type of business structure that combines elements of partnerships and corporations. Establishing an LLC is a significant step that many business owners will take, one that provides a blend of flexibility, tax advantages and liability protection.

The speed of LLC formation can influence a company's launch timeline, impact strategic planning and even affect funding rounds. If you're ready to move your business idea from concept to reality, understanding the time frame for establishing an LLC is key. Depending on where you file and the specifics of your business, getting an LLC can take anywhere from a few weeks up to a few months.

According to a survey conducted by CB Insights, unproductive business planning – such as failing to allow for the time it takes to form an LLC – was among the top reasons small businesses fail. When time is one of your most valuable assets, understanding the process and timeline for setting up an LLC can provide a realistic foundation for planning, while helping you avoid potential pitfalls in the future.

Below are the general steps required to form an LLC and an estimate of the time each step takes, which will allow you to better strategise your business development from inception to launch.

What's in this article?

  • How long does it take to form an LLC?
  • What types of businesses form LLCs?
  • How to become an LLC
  • How Stripe Atlas can help

How long does it take to form an LLC?

The time it takes to form an LLC can vary depending on different factors, including the state in which you're filing and the method you're using to file. Here are some general timelines:

  • Name approval
    Most states allow you to check the availability of a business name online and reserve it if it's available. Typically, you can complete this step in a few days, but the timeframe varies by state.

  • Articles of organisation filing
    Once you have reserved a business name, you can file your articles of organisation. If you submit these online, the approval could come from anywhere within a few days to a week. If you send the documents by post, it might take a few weeks. Some states offer expedited service for an additional fee.

  • Operating agreement and EIN
    Generally, you can create your operating agreement and obtain your EIN in a single day, but it's important to spend as much time as necessary creating your operating agreement to ensure it meets your business' specific needs.

  • Additional permits and licences
    The time that it takes to acquire additional permits and licences for operating your business can vary widely, depending on your industry, location and the specific licences you need. This process can take anywhere from a few days to several months.

If you submit your forms online and there aren't any issues or delays with your application, the process of forming an LLC can take a few weeks. However, if you need specific licenses or permits to operate your business, or if you mail in your forms, it can take anywhere from several weeks to a few months.

Bear in mind that this is a general guideline and that the process may vary by state and country. Check with your local Secretary of State office or a legal professional to get the most accurate information for your specific situation.

What types of businesses form LLCs?

Because LLCs offer flexibility, protection for personal assets and tax advantages, they can be a beneficial structure for a wide range of business types, from small startups to larger established companies. Here are a few examples:

  • Consulting businesses
    Many consultants choose to form LLCs because there is typically a low level of risk associated with their work, and they often work as an individual or as part of a small team. Consultants benefit from the personal liability protection that an LLC structure provides.

  • Property companies
    Many property investors form LLCs to protect their personal assets against liabilities associated with their properties. For example, if a property investor owns a property through an LLC (rather than as an individual) and someone is injured on the property and decides to take legal action, the property owner's personal assets are protected.

  • Retail businesses
    Brick-and-mortar shop owners, as well as e-commerce business owners, might choose to form an LLC to protect their personal assets against potential business debts or legal action.

  • Service providers
    Service providers, such as therapists, photographers and personal trainers, might face liability from client interactions and can benefit from the protections that an LLC offers.

  • Small contractors
    Construction or renovation businesses often have a high level of risk associated with their work, and an LLC can offer them protection against potential liabilities.

  • Tech startups
    Many technology startups choose the LLC structure in the early stages because it's flexible and easy to set up. As the business grows, it might transition to a C corporation – especially if it's seeking venture capital.

In addition to these examples, there are many other business models that might benefit by establishing an LLC. It's important to assess your business' particular requirements and seek advice from a business consultant or legal professional to determine the most suitable structure.

How to become an LLC

Becoming an LLC involves several actions. Here is a brief overview:

  1. Choose a name for your LLC: Your business name must be unique and end with "LLC" or "Limited Liability Company." Most states have an online database where you can check name availability.

  2. File the articles of organisation: Your articles of organisation include information such as your business' name, its purpose and the names of the owners. You will need to file this with your state's Secretary of State office, along with a filing fee, which varies by state.

  3. Choose a registered agent: Every LLC must have a registered agent, which is an individual or business entity responsible for receiving important legal documents on behalf of your LLC.

  4. Create an operating agreement: This is a legal document that outlines the ownership and operating procedures of the LLC. Not all states require an operating agreement, but it's a good idea to have one.

  5. Get an Employer Identification Number (EIN) from the IRS: Most LLCs are required to obtain an EIN from the IRS, even if the LLC doesn't have any employees. The IRS uses the EIN, which is also known as an employer tax ID, to identify your business for tax purposes.

  6. Register for state and local taxes: Depending on the state in which your business is located and the nature of your business, you may need to register for state taxes (such as sales tax or employee withholding tax).

  7. Obtain any necessary business licenses and permits: Depending on the type of business and where it's located, you may need certain licenses and permits to operate legally. Check with your local and state government to see what's required.

17. Consider business loans

Using business loans as a part of your financial strategy can be a powerful step to expedite your business growth. Here's how to approach this step:

  • Determine your need for a loan: Before jumping into the loan application process, assess whether you have a genuine need for a loan. Maybe you need funds for expanding your operations, buying equipment, increasing inventory, hiring staff or smoothing out cash flow. Getting clear about your business's financial needs can help you make a more informed decision about applying for a loan.

  • Research different types of loans: There are different types of loans available for businesses, from traditional bank loans and Small Business Administration (SBA) loans to alternative online loans and lines of credit. Each type comes with its own terms, interest rates and requirements. The right choice for you will depend on your specific needs, financial situation and the stage of your business.

  • Consider eligibility requirements: Lenders have varying criteria for approving loans. These can include factors such as your credit score, business revenue, the profitability of your business and how long you've been in operation. Before applying for a loan, carefully check these criteria to see if you qualify.

  • Prepare your loan application: Once you've chosen a type of loan and confirmed that you meet the lender's criteria, the next step is to prepare your loan application. This involves compiling financial documents such as your business plan, financial statements, tax returns and details of your collateral. You may also need to present a plan outlining how you intend to use the loan and how you will repay it.

  • Compare loan offers: If your loan application is approved, you may receive offers from different lenders. Consider each offer's terms carefully, including the interest rate, loan amount, loan term and any additional fees. Be sure you understand the total cost of the loan and how the repayment terms align with your business's financial projections.

Taking on debt is a serious commitment that demands careful planning and consideration. For additional guidance throughout the process, consult with a financial advisor or mentor.

There's no easy shortcut to starting a business. Cutting corners or skipping steps in the early days can create unnecessary friction, confusion or even legal liability down the road. But while much of the work that goes into starting a new business might seem tedious, it's not overly complicated. If you take a thoughtful and methodical approach to this process, and address each step in the correct order, you'll build a foundation that can support all the goals and dreams you have for your business – exactly what motivated you to begin this journey in the first place.

The content in this article is for general information and education purposes only and should not be construed as legal or tax advice. Stripe does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information in the article. You should seek the advice of a competent lawyer or accountant licensed to practise in your jurisdiction for advice on your particular situation.

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