Important Context:
The following checklist reflects common business registration steps observed across various U.S. jurisdictions and is provided for general educational purposes only. Specific requirements, forms, fees, timelines, and procedures vary significantly by state, county, and municipality. Individual circumstances also affect which steps apply. This information is current as of the date of publication but is subject to change. Always verify current requirements with your state and local government agencies and consult with qualified professionals for your specific situation.
Starting a business involves more than just having a great idea and your first customer. The registration and compliance process can feel overwhelming, with forms, fees, licenses, and requirements that vary by location and business type.
This checklist walks through the common steps many founders take when registering a business in the United States. While specific requirements vary by state, county, and city, understanding the general process can help founders plan and prepare.
Important note: This is a general educational checklist. Your specific requirements will depend on your state, county, city, business type, and individual circumstances. Always verify current requirements with your local agencies.
Before You Begin: Information You'll Commonly Need
Before starting the registration process, founders typically gather:
- Business name (primary name and 2-3 alternatives in case first choice is unavailable)
- Business address (physical location, not P.O. Box, for most registrations)
- Mailing address (if different from business address)
- Business purpose/description (what the business will do)
- Ownership structure (sole proprietor, partnership, LLC, corporation)
- Owner/member/officer information (names, addresses, SSNs or EINs)
- Registered agent information (person/entity to receive legal documents)
- Initial capital investment (for some entity types)
- Anticipated start date
- Expected number of employees
Having this information ready can streamline the process.
Phase 1: Entity Formation (State Level)
Common options:
- Sole Proprietorship (no formal filing required, but see DBA below)
- General Partnership
- Limited Liability Company (LLC)
- Corporation (C-Corp or S-Corp tax election)
- Professional LLC or Corporation (for licensed professionals in some states)
Factors founders commonly consider:
- Liability protection needs
- Tax implications
- Ownership structure
- Fundraising plans
- Administrative complexity
- Ongoing compliance requirements
Typical timing: This decision is usually made before filing formation documents.
Name requirements typically include:
- Unique and distinguishable from existing businesses in your state
- Includes required designator (LLC, Inc., Corp., etc.) for formal entities
- Complies with state naming rules (varies by state)
- Not misleading or using restricted words (bank, insurance, etc. often require approval)
How to check name availability:
- Search your state's business entity database (usually on Secretary of State website)
- Check federal trademark database (USPTO.gov) for potential conflicts
- Search domain name availability (for website)
- Review social media handle availability
What is a registered agent: Every formal business entity (LLC, corporation) must designate a registered agent—a person or company authorized to receive legal documents, service of process, and official government correspondence on behalf of the business.
Requirements typically include:
- Physical street address in state of formation (no P.O. Boxes)
- Available during normal business hours
- Can be individual or commercial service
- Must consent to serve as agent
Options commonly used:
For LLCs:
- Document name: Articles of Organization (or Certificate of Formation in some states)
- Filed with: Secretary of State (or equivalent agency)
Typical information required:
- Business name
- Principal address
- Registered agent name and address
- Management structure (member-managed or manager-managed)
- Organizer information
- Duration (perpetual in most cases)
- Purpose (often "any lawful purpose")
For Corporations:
- Document name: Articles of Incorporation (or Certificate of Incorporation)
- Filed with: Secretary of State (or equivalent agency)
Typical information required:
- Corporate name
- Registered agent and office
- Number of authorized shares
- Par value of shares (if applicable)
- Incorporator information
- Directors' names (in some states)
- Corporate purpose
Filing methods commonly available:
- Online filing (most states now offer this) - Usually fastest, often processed in 1-5 business days
- Mail filing - Processing typically takes 2-6 weeks depending on state
- In-person filing (some states allow) - May offer same-day processing in some locations
- Expedited processing (available in most states for additional fee) - Can reduce processing to 24 hours or less
Typical costs (as of this writing, subject to change):
- Filing fees: Commonly range from $50-$500 depending on state and entity type
- Expedited processing: Often additional $50-200+
- Name reservation (if separate): Often $10-50
Timeline:
- Standard processing: Usually 1-6 weeks depending on state and filing method
- Expedited: Often 24 hours to 1 week
- Check your specific state's current processing times
What you receive:
- Certificate of Formation/Organization (LLC) or Certificate of Incorporation (Corporation)
- Filed-stamped copy of your formation documents
- Official acknowledgment from the state
For LLCs: Operating Agreement
While not always legally required (varies by state), operating agreements are widely recommended because they:
- Define ownership percentages
- Establish management structure
- Set profit/loss allocation
- Create buy-sell provisions
- Establish voting rights
- Provide dissolution procedures
For Corporations: Bylaws and Initial Resolutions
Bylaws typically cover:
- Board of directors structure and powers
- Officer roles and duties
- Shareholder meetings and voting
- Stock issuance procedures
- Amendment procedures
Initial resolutions commonly:
- Adopt bylaws
- Appoint officers
- Approve stock issuance
- Authorize bank account opening
- Approve other initial actions
Typical timing: Many founders create these documents concurrent with or immediately after filing formation documents.