How To Form an LLC In Colorado

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1. Choose a Name for Your Colorado Limited Liability Company

Check for an Available Name for the LLC in Colorado: You must choose a name for your company before you can file to form a Limited Liability Company in Colorado. It is a good idea to search online databases and other records before you file so that you make sure that a name that you want to use is available and not in use by another LLC in the state. You can search a business entity database on the official website of the Colorado Secretary of State at Colorado LLC.

Reserve a Name for Your Colorado LLC: It is not required that you reserve a name for your LLC before you file to form a Limited Liability Company in Colorado, but if you would like to reserve a name before you file you should submit a name reservation application. To file to reserve a name online, you can go to Colorado LLC. The name that you choose will be reserved in the state of Colorado for a period of 120 days. There is a $25.00 fee to reserve a name for an LLC.

Filing for Trademarks Protection and Doing an LLC Name Search: You may search databases and other records and find that the name that you want to use to form your LLC is available in Colorado but in use by another company somewhere else in the country. You may run into restrictions on how you use the name that you have chosen for your LLC. To find more information on choosing a name for your LLC, you can go to how to choose a name for your llc.

Colorado LLC Name Requirements: You must include the designation "LLC," “L.L.C.,” or "Limited Liability Company" in the name of a Limited Liability Company that you form in Colorado. Keep in mind that the term “LLC” stands for “Limited Liability Company.” The term “LLC” does not stand for “LLC Corporation, “Limited Liability Corporation,” or anything else like that. An LLC is a formed and governed differently than a corporation.

2. Find a Registered Agent in Colorado

You must select a registered agent in Colorado before you file to form your LLC. Your registered agent will act as an agent for service of process and will receive all tax documents, legal notices, and other official notices for your LLC. There are corporate service companies that provide registered agent services to LLCs for a fee that is generally between about $75.00 and $150.00. To learn more about registered agents, you can go to the official website of the Colorado Secretary of State at Colorado LLC.

3. File Articles of Organization with the Colorado Secretary of State

Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your LLC must contain the name of your LLC, the address of your main office, the name and address of your registered agent, and the name and address of the organizer. You should also indicate whether the LLC will be managed by a manager or by the members of the LLC. The Articles of Organization must be signed by the organizer. You can file Articles of Organization online at Colorado LLC.

Other Colorado Legal Provisions: Consider including other clauses in addition to the minimum requirements when you create your Articles of Organization. A lawyer can help you to create your Articles of Organization so that you include the additional clauses that are most important for your company.

Where to Submit the Articles of Organization for Filing: You must file Articles of Organization online at Colorado LLC.

Filing Fee: The fee to file Articles of Organization in is $50.00.

4. Form a Colorado Limited Liability Company Agreement (Operating Agreement)

After you form your Limited Liability Company in Colorado by filing Articles of Organization, the next step is to create an LLC Agreement that governs how your LLC will be operated. Your LLC Agreement must be signed by all the members of your LLC. In general, an LLC is operated more simply than a corporation. Your LLC Agreement will govern the actions between the members of your LLC. The specific details of your LLC Agreement will depend on many factors. The number of people involved, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members are all factors that you must consider. The details of your LLC Agreement will differ according to the purpose of your LLC. For example, the LLC Agreement for an LLC that will be used to operate a retail store will probably be different than the LLC Agreement for an LLC that will be used to own and develop real estate. A lawyer and an accountant can help you to draft your LLC Agreement so that you are sure to comply with all state requirements and federal tax laws. 

There are other documents that you will need to create or file for your LLC too. You may need to create securities filings, obtain an EIN from the IRS, and obtain a business license. There are corporate services companies that can make these kinds of filings for you or provide you with the form documents that you need in return for a fixed fee. To learn about how to get a business license in your city, you can go to our online guide at http://www.cityapplications.com/business-licenses.html.

5.  Qualify your Colorado LLC to Do Business in Other States

You must find out if you need to register or qualify your LLC to do business in your home state if your main office is located in another state.  In most states you will be required to qualify your LLC as well as pay taxes in your home state. To learn about how you can qualify your LLC to do business in other states, you can go to [Qualifying to Do Business in Other States].

6. Make Annual Filings and Pay Annual Taxes in Colorado

If your LLC is registered in the state of Colorado, you must file a periodic report. You must file this report online at Colorado LLC. The filing fee for the periodic report is $10.00. You must also file a tax report and pay taxes annually for your registered Colorado LLC. To learn about the taxes that apply to your company and download tax forms online, you can go to the official website of the Colorado Department of Revenue at Colorado LLC.

Forming an LLC can be a complicated process, especially when more than one person is involved. An accountant and an attorney can help you with 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.

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