How To Form an LLC In Oklahoma
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1. Choose a Name for Your Oklahoma Limited Liability Company
Check for an Available Name for the LLC in Oklahoma: For you to form an LLC in Oklahoma you need to choose a name for your LLC. Be sure that you choose a name that is available in Oklahoma. The name of your LLC cannot be a name that is in use by another LLC in Oklahoma. Search online databases such as the database on the official website of the Oklahoma Secretary of State at Oklahoma LLC and other official records to make sure that the name that you have chosen is available in Oklahoma.
Reserve a Name for Your Oklahoma LLC: You can reserve a name for your LLC before you file Articles of Organization in Oklahoma. It can be a good idea to reserve a name before you file, especially if you do not plan to file Articles of Organization right away. To download the name reservation application online go to Oklahoma LLC. The LLC name that you submit will be reserved for 60 days. The filing fee is $10.00 for the application.
Filing for Trademarks Protection and Doing an LLC Name Search: You may find that the name that you would like to use for your LLC is available in Oklahoma but in use by an LLC in some other state. There may be restrictions that affect your use of the LLC name that you have chosen. You can consult an attorney to learn how these restrictions may affect your company and how you can take steps to trademark the name of your company. To find more information about choosing a name for your LLC go to _________________.
Oklahoma LLC Name Requirements: The name of your Oklahoma LLC must include the designation "LLC," “L.L.C.,” or "Limited Liability Company." Please note that “LLC” can only stand for “Limited Liability Company,” not “LLC Corporation, “Limited Liability Corporation,” or another combination suggests that your company is a corporation. LLCs are a separate kind of business entity that are set up and managed differently than corporations.
2. Find a Registered Agent in Oklahoma
You must choose a registered agent for your Oklahoma LLC. Your registered agent will act as an agent for service of process, receiving all tax forms, legal documents, and other official notices for your LLC. Please note that there are corporate services companies that offer registered agent services, generally for a fee of around $75.00 to $150.00.
3. File Articles of Organization with the Oklahoma Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your Oklahoma LLC should contain the name of your LLC, the street address of your principal place of business and the name and street address of your registered agent. The Articles of Organization should be signed by the organizer. To download a form for this document, go to Oklahoma LLC.
Other Oklahoma Legal Provisions: When you are preparing to file Articles of Organization, think about including additional provisions. You can consult a lawyer so that you can be sure to include the additional provisions that are most important and beneficial for your company.
Where to Submit the Articles of Organization for Filing: You should send your signed Articles of Organization to the Oklahoma Secretary of State, 2300 N Lincoln Blvd., Room 101, State Capitol Building, Oklahoma City, Oklahoma 73105-4897.
Filing Fee: The fee to file Articles of Organization in Oklahoma is $100.00.
4. Form an Oklahoma Limited Liability Company Agreement (Operating Agreement)
Once you have formed your Oklahoma LLC by filing Articles of Organization, you should create the LLC Agreement that will govern your LLC and actions of the members of the LLC. The details of your LLC Agreement should be specific to the unique requirements of your company. First, consider the purpose of your LLC. Was your LLC formed to operate an Internet business, a manufacturing company, a construction company, a real estate holding company, or some other kind of business? The purpose of your LLC will influence the details of your LLC Agreement. In general, LLC Agreements address items such as how subsequent members will be admitted, how members will be organized, who will be investing capital in the company, how money will be distributed among the members, the definition of permitted transfers, and what will happen if you eventually decide to sell the company or incorporate. An LLC Agreement can be complex, but if you seek the professional assistance of a lawyer and an accountant you can draft an LLC Agreement that is in compliance with all state requirements and federal tax laws.
After you have created your LLC Agreement, you should make securities filings for your LLC, obtain an EIN from the IRS, and obtain a business license in the city where you will be doing business. Please note that there are various corporate services companies that can help you make these kinds of filings for a fee. To find information on how to get a business license in your city go to our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your Oklahoma LLC to Do Business in Other States
In general, you need to qualify or register your LLC in order to do business in other states. Your LLC needs to qualify in order 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 another state. To find information on how to qualify your LLC to do business in other states go to [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in Oklahoma
A report for your LLC is due during the anniversary month of the formation of your LLC each year. There is a fee of $25.00 due with this report. To download a form for your annual report, go to Oklahoma LLC. You will need to file a tax report and pay taxes each year as well. To find information about taxes and to download tax forms go to the official website of the Oklahoma Tax Commission at Oklahoma LLC.
It can be complicated to form an Oklahoma LLC, but if you seek the professional assistance of an accountant and an attorney you can feel more confident 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.