How to Form an LLC (Generic, Any State)

Forming a limited liability company in the United States follows a broadly consistent sequence of steps regardless of which state you choose. The process begins with selecting a business name that complies with the state's naming rules, which typically require the words "Limited Liability Company" or an abbreviation such as "LLC." You must then designate a registered agent — an individual or entity with a physical address in the state who is authorized to receive legal and official documents on the company's behalf. Once those preliminaries are in place, you file the formation document, commonly called the Articles of Organization or Certificate of Organization, with the state's Secretary of State office and pay the required state filing fee.

As of Q2 2026, state filing fees for LLC formation range from $35 in Montana to $500 in Massachusetts, with a median fee of approximately $100 across all states. Because many states adjust their fees at fiscal-year boundaries, the amount you encounter may differ from figures published even a few months earlier.

After the state approves your filing, two additional steps are standard practice. Most states do not legally require an operating agreement, but drafting one helps document ownership structure and member responsibilities. Separately, most LLCs need a federal Employer Identification Number, obtained at no charge through the Internal Revenue Service, which is used for tax filings and opening business bank accounts.

Ongoing compliance typically involves filing a periodic report — often called an annual or biennial report — and paying any associated state fee. As of Q2 2026, ten states charge no fee for this recurring report, while others vary widely. Because fees and requirements change, always confirm current figures directly with your state's Secretary of State office. This overview is general information only and does not constitute legal or tax advice.

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Fee facts as of Q2 2026. How we compile and verify this data. Informational only — not legal or tax advice.