The purpose of forming an LLC or forming a corporation can be done to overcome a few different issues.  To briefly discuss these issues, it can be formed to provide protection for a business owner from litigation, for tax benefits, to establish ownership positions in a partnership, just to mention a few reasons why people form.  I filed my first corporation more than a decade ago, and went on from there to file many many corporations and LLCs, so I have some experience in this regard.

So let’s get to the process to form an LLC in your state:

  1. Preliminary Name Choice:  First you’ll want to do some research into finding a workable name for your entity.  The reason I say workable, is that there are quite a few issues that go into picking a name for an LLC or Corporation, so you’ll need to spend some time, and do your homework when picking a name.
    1. You’ll need to research on for existing products or services.  This will be very extensive searching where you will need to be a professional in your searching capabilities.  You’ll need to use the resources available at google to start this search.
    2. You need to search on for domain names that may infringe, or ones that can be available.
    3. You may want to consult a professional.  Many intellectual property lawyers will provide a service and certification that you are free and clear to use a certain mark, or build a certain type of product.
  2. Intellectual Property Trademark Issues:  First you’ll want to spend time making sure that you don’t infringe on any intellectual property rights.  This is very important because you are investing both time and money on a new venture.  Not only can this new venture be shut down by the courts, but you could end up owing huge amounts of damages, lawyer fees, etc…that may put you out of business.  Don’t overlook this stage of the filing process.
  3. Patents:  You will also need to ensure that you are not overreaching into someone else’s patent.  You can do some searching for this on the USPTO website, and also  You definitely don’t want to infringe on a patent.  You may also need to examine international patents…and for this you will definitely need an attorney to help you out.
  4. Don’t Overreach:  You don’t want to cut any corners regarding picking a name for your business or your products.  The reason that you are looking for all IP issues at this point, is that sometimes marketing will be all tied together.  You may also find that you entire business idea is both IP protected and thus you are precluded from doing your whole business idea.  So, do your research.
  5. Do a name search within your Local State:  LLC’s are filed at the state level and thus your state will handle the availability of names.  Most states have online tools where you can research name availability.  You can also make name reservations, and even call them directly to ask about names.  Just a note, that in many states LLC names and Corporation names are separate.   And so the same name can be used for both LLCs and Corporations.
  6. Search for online sample forms:  In the era of the internet, most all states provide useful online information and forms to help you get your LLC formed.  In many states, the entire process can be completed online in just a few minutes.  So, don’t fret, and don’t get stressed.  If worse comes to worse, they will return everything to you by mail and tell you what you need to correct.
  7. Mail in your forms with the correct payment and to the correct address.

That’s it everybody…This is obviously a simplified list of what is needed to get a formation done in your state.   As always, comment down below and let us know if we can add anything to our article.  Our goal is to provide the best information possible for our readers.