Do I need a lawyer to Form a LLC in Utah? |
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The short answer is no.
The state of Utah does not legally require a lawyer to form a
Utah Limited Liability Company (LLC).
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The short answer is no.
The state of Utah does not legally require a lawyer to form a
Utah Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Utah LLC.
However, if there is anything about Forming a LLC in Utah
that you're not sure about you should seek the advice of a competent Utah lawyer, a Utah accountant,
or a Utah Business advisor before you form a LLC in Utah.
Once you have made the decision to Form a LLC in Utah, a Utah 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
Utah Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Utah?
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You are not legally required to reserve a Company Name for a new Utah LLC before you submit your application to
Form a LLC in Utah.
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You are not legally required to reserve a Company Name for a new Utah LLC before you submit your application to Form a LLC in
Utah.
Whether or not you need to reserve a company name for your new Utah LLC depends entirely on your business situation.
The Utah 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 Utah Company Name.
Click here for more information on
Utah Company Name Reservation
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What if the Utah LLC Name I want is already taken?
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If the Name you have chosen for your new Utah LLC is already in use by a currently active
Utah Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Utah Department of Commerce. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Utah LLC is available before we submit
your new LLC filing to the Utah Department of Commerce.
If necessary we can register a DBA Name in Utah for you so that you can open your new Utah business as quickly as possible.
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What do I have to do to Form a LLC in Utah?
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6 things you have to do in order to Form a LLC in Utah.
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6 things you have to do in order to Form a LLC in Utah.
1. Choose a name for your Utah LLC
2. Select an official address and a Registered Agent for your Utah LLC
3. Determine who will be Members and who will Manage your Utah LLC
4. Determine how you want your Utah LLC to be taxed
5. File Articles of Organization with the Utah Department of Commerce
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Utah LLC
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Your Utah 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 Utah LLC name that you choose must be distinguishable from the name of any other registered Utah LLC or other
registered Utah business entity, such as a Utah Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Utah.
Your Utah LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Utah LLC name must not be a name that is likely to mislead the public.
The name of a Utah 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 Utah LLC because if you want to change it after you
Form a LLC in Utah you
will have to file amended Articles of Organization with the Utah Secretary of State (and pay a fee).
We will:
- Check to make sure that your Utah LLC name is available
- Make sure your Utah LLC name conforms to state of Utah regulations
- Reserve your Utah LLC name with the Utah Secretary of State
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2. Select an official address and a Registered Agent for your Utah LLC
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Every Utah LLC must have an address that is physically located in the state of Utah.
This address is "registered" with the Utah 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 Utah to receive all correspondence on behalf of the Utah
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Utah LLCs hire a Registered Agent because they don't have a physical
address within the state of Utah or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Utah LLC.
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3. Determine who will be Members and who will Manage your Utah LLC
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The owners of a Utah LLC are called Members - not Partners or Shareholders.
(a Utah Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Utah LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Utah LLC must have at least one Member.
Members need not live in the state of Utah or be citizens of the United States.
Managers are responsible for the day to day operation of the Utah LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Utah LLC.
Management for your Utah 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 Utah LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Utah 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 Utah LLC is created.
If a single Member Utah LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Utah 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 Utah LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Utah Secretary of State
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A Utah Limited Liability Company is a type of business that is authorized by the state of Utah - not by the federal government.
In order to form a LLC in Utah you must file Articles of Organization with the Utah Secretary of State.
The Articles of Organization must include certain specific information about your Utah LLC.
If the Articles do not conform exactly to state of Utah requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Utah LLC but you will have to pay a fee to the state of
Utah in order to make the changes official.
- We can prepare and file your Articles of Organization with the Utah 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 Utah LLC.
All Utah 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 Utah 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 Utah LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Utah 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 Utah 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 Utah LLC as soon as it is approved by the Utah Secretary of State.
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What do I have to do after I form my Utah LLC? |
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5 things you have to do after you Form a LLC in Utah.
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5 things you have to do after you Form a LLC in Utah.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Utah for your UT LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Utah LLC reports
5. Keep proper records of your Utah 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 Utah 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 Utah 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 Utah 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 Utah, if you plan to form a multiple Member Utah 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 Utah LLC grows over time, you may amend your Operating Agreement as necessary.
When your Utah 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 Utah.
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2. Open a Business Bank Account in Utah
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It's very important that you have a separate business bank account for your Utah 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 Utah Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Utah 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 Utah LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Utah 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 Utah LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Utah LLC vary depending on your business activities
and the specific locations within the state of Utah in which you want to conduct business.
If your Utah LLC will be selling products in Utah you may be required to obtain a Reseller's Permit from the appropriate
Utah state agency.
If your Utah LLC will be selling products in Utah you will also be responsible for all applicable local and state of Utah
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 Utah LLC package.
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4. File the required Utah LLC reports
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Each Utah LLC must file a with the Utah Secretary of State.
The Utah includes basic information about your Utah LLC.
Failure to submit a properly completed Utah to the Utah Secretary of State on or before the
due date may subject the Utah LLC to being administratively dissolved in the state of Utah or having its authority to
transact business in the state of Utah revoked by the Utah Secretary of State.
Penalties may accrue if you fail to file any Utah LLC to the Utah Secretary of State
by the due date.
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5. Keep proper records of your Utah LLC on file
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Keep the following records on file and available at the principal business office of your Utah LLC:
- Names and addresses of all Members and Managers of the Utah LLC
- Articles of Organization for the Utah LLC and any Amendments to them
- Copies of all tax returns and reports for the Utah LLC for the last 3 years
- If the Utah 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 Utah LLC
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What information do I need in order to Form a LLC in Utah? |
In order to Form a LLC in Utah you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Utah LLC's Registered Agent.
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In order to Form a LLC in Utah you'll need the following information about your new Company:
- The name of your new Utah 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 Utah (not a PO Box)
- Name and address of your Utah Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Utah LLC
- Who is going to manage the day to day operation of your Utah LLC
- Names and addresses of each Manager of your Utah LLC
- Names and addresses of each Memeber of your Utah LLC
- When your Utah LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
Remember - ALL the information that you provide when you Form a LLC in Utah 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 Utah.
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How long does it take to Form a LLC in Utah? |
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Processing times for new Utah LLC applications vary depending on the work load of the
Department of Commerce's staff.
We've found that normal processing of new Utah Articles of Organization takes the state around 5-8 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 Utah LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE UTAH DEPARTMENT OF COMMERCE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Utah Department of Commerce.
In our experience 5-8 business days is the time it usually takes the Utah Department of Commerce to process
a new Utah LLC application.
We get your Utah LLC application to the UT Department of Commerce ASAP. Once it is at the state we have no control over the new Utah LLC application process.
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Are there any Expedited Processing Options for new UT LLC Filings?
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For an additional $75 the Utah Secretary of State will process
a new Utah LLC filing within 24 hours.
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How much does it cost to Form a LLC in Utah? |
The state of Utah charges $88.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the UT Department of Commerce.
If you choose All Business Documemnts to help you form your LLC in Utah, our processing fees are $125.00.
We start processing your new Utah 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 Utah Department of Commerce
- Certified Copies of Articles
- Utah LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Utah Foreign LLC Qualification |
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You want to do business in the state of Utah but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Utah you must register with the Utah Secretary of State as
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You want to do business in the state of Utah but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Utah you must register with the Utah Secretary of State as
a Utah Foreign LLC.
The process of registering as a Foreign LLC in the state of Utah is called Utah LLC Foreign Qualification.
The process of Utah LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Utah.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Utah Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Utah Foreign LLC.
Click here for specific requirements for
Utah LLC Foreign Qualification.
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