Do I need a lawyer to Form a LLC in Pennsylvania? |
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The short answer is no.
The state of Pennsylvania does not legally require a lawyer to form a
Pennsylvania Limited Liability Company (LLC).
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The short answer is no.
The state of Pennsylvania does not legally require a lawyer to form a
Pennsylvania Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Pennsylvania LLC.
However, if there is anything about Forming a LLC in Pennsylvania
that you're not sure about you should seek the advice of a competent Pennsylvania lawyer, a Pennsylvania accountant,
or a Pennsylvania Business advisor before you form a LLC in Pennsylvania.
Once you have made the decision to Form a LLC in Pennsylvania, a Pennsylvania lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Pennsylvania Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Pennsylvania?
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You are not legally required to reserve a Company Name for a new Pennsylvania LLC before you submit your application to
Form a LLC in Pennsylvania.
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You are not legally required to reserve a Company Name for a new Pennsylvania LLC before you submit your application to Form a LLC in
Pennsylvania.
Whether or not you need to reserve a company name for your new Pennsylvania LLC depends entirely on your business situation.
The Pennsylvania Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Pennsylvania Company Name.
Click here for more information on
Pennsylvania Company Name Reservation
Pennsylvania state law restricts the use of certain words and phrases in LLC names.
If the word Insurance is in the LLC name you must get approval from the Pennsylvania Department of Insurance before the Pennsylvania Secretary of the Commonwealth approves a new LLC filing. The Pennsylvania Department of Insurance takes around 10 days to process applications for a new LLC name approval.
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What if the Pennsylvania LLC Name I want is already taken?
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If the Name you have chosen for your new Pennsylvania LLC is already in use by a currently active
Pennsylvania Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Pennsylvania Secretary of the Commonwealth. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Pennsylvania LLC is available before we submit
your new LLC filing to the Pennsylvania Secretary of the Commonwealth.
If necessary we can register a DBA Name in Pennsylvania for you so that you can open your new Pennsylvania business as quickly as possible.
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What do I have to do to Form a LLC in Pennsylvania?
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6 things you have to do in order to Form a LLC in Pennsylvania.
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6 things you have to do in order to Form a LLC in Pennsylvania.
1. Choose a name for your Pennsylvania LLC
2. Select an official address and a Registered Agent for your Pennsylvania LLC
3. Determine who will be Members and who will Manage your Pennsylvania LLC
4. Determine how you want your Pennsylvania LLC to be taxed
5. File Articles of Organization with the Pennsylvania Secretary of the Commonwealth
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Pennsylvania LLC
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Your Pennsylvania LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Pennsylvania LLC name that you choose must be distinguishable from the name of any other registered Pennsylvania LLC or other
registered Pennsylvania business entity, such as a Pennsylvania Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Pennsylvania.
Your Pennsylvania LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Pennsylvania LLC name must not be a name that is likely to mislead the public.
The name of a Pennsylvania LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Pennsylvania LLC because if you want to change it after you
Form a LLC in Pennsylvania you
will have to file amended Articles of Organization with the Pennsylvania Secretary of State (and pay a fee).
We will:
- Check to make sure that your Pennsylvania LLC name is available
- Make sure your Pennsylvania LLC name conforms to state of Pennsylvania regulations
- Reserve your Pennsylvania LLC name with the Pennsylvania Secretary of State
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2. Select an official address and a Registered Agent for your Pennsylvania LLC
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Every Pennsylvania LLC must have an address that is physically located in the state of Pennsylvania.
This address is "registered" with the Pennsylvania Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Pennsylvania to receive all correspondence on behalf of the Pennsylvania
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Pennsylvania LLCs hire a Registered Agent because they don't have a physical
address within the state of Pennsylvania or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Pennsylvania LLC.
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3. Determine who will be Members and who will Manage your Pennsylvania LLC
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The owners of a Pennsylvania LLC are called Members - not Partners or Shareholders.
(a Pennsylvania Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Pennsylvania LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Pennsylvania LLC must have at least one Member.
Members need not live in the state of Pennsylvania or be citizens of the United States.
Managers are responsible for the day to day operation of the Pennsylvania LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Pennsylvania LLC.
Management for your Pennsylvania LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Pennsylvania LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Pennsylvania LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Pennsylvania LLC is created.
If a single Member Pennsylvania LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Pennsylvania LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Pennsylvania LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Pennsylvania Secretary of State
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A Pennsylvania Limited Liability Company is a type of business that is authorized by the state of Pennsylvania - not by the federal government.
In order to form a LLC in Pennsylvania you must file Articles of Organization with the Pennsylvania Secretary of State.
The Articles of Organization must include certain specific information about your Pennsylvania LLC.
If the Articles do not conform exactly to state of Pennsylvania requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Pennsylvania LLC but you will have to pay a fee to the state of
Pennsylvania in order to make the changes official.
- We can prepare and file your Articles of Organization with the Pennsylvania Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Pennsylvania LLC.
All Pennsylvania LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Pennsylvania LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Pennsylvania LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Pennsylvania LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Pennsylvania LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Pennsylvania LLC as soon as it is approved by the Pennsylvania Secretary of State.
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What do I have to do after I form my Pennsylvania LLC? |
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5 things you have to do after you Form a LLC in Pennsylvania.
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5 things you have to do after you Form a LLC in Pennsylvania.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Pennsylvania for your PA LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Pennsylvania LLC reports
5. Keep proper records of your Pennsylvania LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Pennsylvania LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Pennsylvania LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Pennsylvania LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Pennsylvania, if you plan to form a multiple Member Pennsylvania LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Pennsylvania LLC grows over time, you may amend your Operating Agreement as necessary.
When your Pennsylvania LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Pennsylvania.
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2. Open a Business Bank Account in Pennsylvania
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It's very important that you have a separate business bank account for your Pennsylvania LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Pennsylvania Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Pennsylvania LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Pennsylvania LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Pennsylvania LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Pennsylvania LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Pennsylvania LLC vary depending on your business activities
and the specific locations within the state of Pennsylvania in which you want to conduct business.
If your Pennsylvania LLC will be selling products in Pennsylvania you may be required to obtain a Reseller's Permit from the appropriate
Pennsylvania state agency.
If your Pennsylvania LLC will be selling products in Pennsylvania you will also be responsible for all applicable local and state of Pennsylvania
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Pennsylvania LLC package.
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4. File the required Pennsylvania LLC reports
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Each Pennsylvania LLC must file a with the Pennsylvania Secretary of State.
The Pennsylvania includes basic information about your Pennsylvania LLC.
Failure to submit a properly completed Pennsylvania to the Pennsylvania Secretary of State on or before the
due date may subject the Pennsylvania LLC to being administratively dissolved in the state of Pennsylvania or having its authority to
transact business in the state of Pennsylvania revoked by the Pennsylvania Secretary of State.
Penalties may accrue if you fail to file any Pennsylvania LLC to the Pennsylvania Secretary of State
by the due date.
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5. Keep proper records of your Pennsylvania LLC on file
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Keep the following records on file and available at the principal business office of your Pennsylvania LLC:
- Names and addresses of all Members and Managers of the Pennsylvania LLC
- Articles of Organization for the Pennsylvania LLC and any Amendments to them
- Copies of all tax returns and reports for the Pennsylvania LLC for the last 3 years
- If the Pennsylvania LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Pennsylvania LLC
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What information do I need in order to Form a LLC in Pennsylvania? |
In order to Form a LLC in Pennsylvania you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Pennsylvania LLC's Registered Agent.
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In order to Form a LLC in Pennsylvania you'll need the following information about your new Company:
- The name of your new Pennsylvania LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Pennsylvania (not a PO Box)
- Name and address of your Pennsylvania Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Pennsylvania LLC
- Who is going to manage the day to day operation of your Pennsylvania LLC
- The yearly tax closing month of your Pennsylvania LLC
You do not have to name the Members of a
Pennsylvania LLC in the Articles of Organization.
While you are not required to name the Members of a new Pennsylvania LLC you still may include Member information with your initial
Pennsylvania LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Pennsylvania becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Pennsylvania.
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How long does it take to Form a LLC in Pennsylvania? |
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Processing times for new Pennsylvania LLC applications vary depending on the work load of the
Secretary of the Commonwealth's staff.
We've found that normal processing of new Pennsylvania Articles of Organization takes the state around 5-7 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Pennsylvania LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE PENNSYLVANIA SECRETARY OF THE COMMONWEALTH PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Pennsylvania Secretary of the Commonwealth.
In our experience 5-7 business days is the time it usually takes the Pennsylvania Secretary of the Commonwealth to process
a new Pennsylvania LLC application.
We get your Pennsylvania LLC application to the PA Secretary of the Commonwealth ASAP. Once it is at the state we have no control over the new Pennsylvania LLC application process.
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Are there any Expedited Processing Options for new PA LLC Filings?
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For an additional $150 the Pennsylvania Secretary of the Commonwealth will process your application to form a new Pennsylvania LLC by the next business day.
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How much does it cost to Form a LLC in Pennsylvania? |
The state of Pennsylvania charges $168.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the PA Secretary of the Commonwealth.
If you choose All Business Documemnts to help you form your LLC in Pennsylvania, our processing fees are $125.00.
We start processing your new Pennsylvania LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Pennsylvania Secretary of the Commonwealth
- Certified Copies of Articles
- Pennsylvania LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Pennsylvania Foreign LLC Qualification |
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You want to do business in the state of Pennsylvania but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Pennsylvania you must register with the Pennsylvania Secretary of State as
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You want to do business in the state of Pennsylvania but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Pennsylvania you must register with the Pennsylvania Secretary of State as
a Pennsylvania Foreign LLC.
The process of registering as a Foreign LLC in the state of Pennsylvania is called Pennsylvania LLC Foreign Qualification.
The process of Pennsylvania LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Pennsylvania.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Pennsylvania Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Pennsylvania Foreign LLC.
Click here for specific requirements for
Pennsylvania LLC Foreign Qualification.
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