The 12-step business formation checklist
The exact checklist we use internally to file an LLC or Corporation from scratch, in any of the 51 US jurisdictions. Work through it top to bottom — each step links to the full guide.
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01
Pick your formation state
Home state is usually right. Delaware or Wyoming only make sense for specific situations — compare fees and rules before deciding.
Compare all 51 jurisdictions → -
02
Choose the entity type
LLC for most small businesses; C-Corp if you will raise venture capital; nonprofit has its own path. Two minutes with the quiz settles it.
Take the entity type quiz → -
03
Clear the name
Search the Secretary of State database in your formation state for conflicts, then check the trademark register and domain availability.
State-by-state name rules → -
04
Appoint a registered agent
Required in every state. Using yourself puts your home address on the public record and ties you to business hours.
How registered agents work → -
05
File the formation documents
Articles of Organization (LLC) or Articles of Incorporation (Corp) with the state, plus the state fee.
LLC filing walkthrough → -
06
Adopt an operating agreement or bylaws
Not filed with the state, but banks ask for it and it prevents member disputes. Free templates below.
Operating agreement builder → -
07
Get your EIN
Free from the IRS. Every entity needs one for banking, payroll, and taxes — never pay a third party for it.
EIN application guide → -
08
Check BOI reporting obligations
FinCEN beneficial ownership rules have changed several times — verify what applies to your entity before assuming.
Do I need to file BOI? → -
09
Register for state taxes
Sales tax permits, employer withholding, franchise tax accounts — varies by state and by what you sell.
Federal + state tax filing → -
10
Get licenses and permits
City, county, state, and industry layers. Most fines we see come from a missed local license, not the state filing.
License requirements → -
11
Open the business bank account
Bring formation documents, EIN letter, and operating agreement. Never run business money through a personal account.
Business banking options → -
12
Set up your compliance calendar
Annual reports, franchise tax, license renewals — put every deadline on a calendar the day you form.
2026 compliance calendar →
Bonus: the S-Corp election window
If the numbers support it, Form 2553 is due within 75 days of formation (or of January 1). Run the math before the window closes — see when an S-Corp election saves money.
Already formed? Switch to the 30-day post-formation checklist.