What legal steps do I need to take to form a limited liability company (LLC) in Illinois?
To form a limited liability company (LLC) in Illinois, the following legal steps need to be taken:
- Choose a name for the LLC: The name of the LLC must be unique and not already in use by another company in Illinois. It must also include words or abbreviations that denote limited liability, such as "LLC" or "Limited."
- File Articles of Organization: This is a legal document that must be filed with the Illinois Secretary of State's Office to form the LLC. It must include the name of the LLC, its purpose, the names and addresses of its initial members, and the name and address of the registered agent.
- Obtain an Employer Identification Number (EIN): An EIN is a federal tax identification number that is required for LLCs that have more than one member or employees. The LLC can obtain an EIN by applying online with the Internal Revenue Service.
- Create an Operating Agreement: An operating agreement is not required by law, but it is recommended for LLCs to have one. It is a legal document that outlines the structure and management of the LLC, as well as the rights and responsibilities of its members.
- Obtain any necessary licenses and permits: Depending on the nature of the LLC's business, it may need to obtain licenses or permits from the state or local government before it can legally operate.
It is important to note that these steps may vary depending on the specific circumstances of the LLC. For example, if the LLC has foreign members or is registered in a different state, additional steps may be necessary. It is recommended to consult with a licensed attorney to ensure that all legal requirements are met.