How To Form an LLC In Nevada
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1. Choose a Name for Your Nevada Limited Liability Company
Check for an Available Name for the LLC in Nevada: One of the first steps in getting ready to form an LLC in Nevada is selecting a name for your LLC. You can search online databases and other records and archives before you file to check if the name that you have selected is available. The name cannot be in use by another LLC in Nevada. You can start by searching the database of Nevada business entities that is available online at the official website of the Nevada Secretary of State at Nevada LLC.
Reserve a Name for Your Nevada LLC: You are not required to reserve a name before you file Articles of Organization in Nevada, but you might want to reserve a name if you cannot file for a long period of time. You can file online the name reservation application form online at Nevada LLC. Your LLC name will be reserved for a period of 90 days. The fee is $25.00 to file this form.
Filing for Trademarks Protection and Doing an LLC Name Search: It is possible that the name that you have selected for your LLC is available in Nevada but in use by an LLC in some other state. You may discover that there are restrictions on your use of the LLC name. You should consult an attorney to learn what these restrictions are and how they could affect your company. You can find more information about selecting a name for your LLC at how to choose a name for your llc.
Nevada LLC Name Requirements: When you select a name for your LLC, remember that in Nevada the name of an LLC must include the designation "LLC," “L.L.C.,” or "Limited Liability Company." “LLC” stands for “Limited Liability Company,” not “LLC Corporation, “Limited Liability Corporation,” or anything else that could seem to be related to a corporation. LLCs should not be confused with corporations since they are a distinct type of business entity.
2. Find a Registered Agent in Nevada
Another step you will need to take when you are getting ready to form an LLC in Nevada is selecting a registered agent. A registered agent acts as an agent for service of process. A registered agent receives tax documents and other official documents for an LLC. You should recognize that there are corporate services companies that offer registered agent services to LLCs, usually for a fee of around $75.00 to $150.00.
3. File Articles of Organization with the Nevada Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your Nevada LLC must contain the name of your LLC and the name and address of each of the organizers and members of the LLC as well as the name and address of your registered agent. You can file Articles of Organization online at Nevada LLC.
Other Nevada Legal Provisions: Along with the minimum requirements listed above, you can also include other clauses in your Articles of Organization if you wish. You should consult a lawyer to learn which additional clauses are most useful to include in your Articles of Organization.
Where to Submit the Articles of Organization for Filing: You can file your Articles of Organization online at Nevada LLC.
Filing Fee: The fee to file Articles of Organization in Nevada is $75.00.
4. Form a Nevada Limited Liability Company Agreement (Operating Agreement)
After you have filed Articles of Organization to form your LLC, you will need to create an LLC Agreement that will govern your LLC and the actions between the members. Each LLC Agreement is different, just as LLCs can be very different from each other when they are formed for different purposes. Consider the purpose of your LLC. Did you form your LLC to manufacture products or did you form your LLC to run an Internet retail business? Consider also factors such as how many owners the company has and whether the owners will invest all of the initial capital or whether you will seek outside investors. Consider how money will be distributed among the members, how the LLC will be managed, and what the financial reporting requirements will be. You should also consider what will happen if you decide to sell the company or if you eventually decide to incorporate. You should consult both a lawyer and an accountant when it is time to create your LLC Agreement so that you can be sure to comply with all state requirements and federal tax laws.
You will also need to get ready to take other actions such as making securities filings, obtaining an EIN from the IRS, and obtaining a business license for your Nevada LLC. You should recognize that are corporate services companies that can provide assistance with these types of filings. You can learn more about how to get a business license in your city by checking out our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your Nevada LLC to Do Business in Other States
Companies need to qualify or register to do business in other states. You will need to qualify your LLC to do business in your home state if the main office of the company is located in another state. Most states require you to pay taxes in your home state whenever you do business in other states. You can learn more about how to register or qualify your LLC to do business in other states at [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in Nevada
The state of Nevada requires that all LLCs report an annual list of members and managers. You may file this report online at Nevada LLC. The filing fee for the initial list is $125.00. You are also required to file a tax report and pay taxes every year once you have registered your LLC in the state of Nevada. You can learn more about Nevada state taxes at the official website of the Nevada Department of Taxation: Nevada LLC.
Forming an LLC in Nevada can be a complex process, especially if your LLC has more than one owner. You should consult an accountant and an attorney for help during this process so that you can be sure that an LLC is right for you and that all your paperwork is being processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.
