Do I need a lawyer to Form a LLC in Wisconsin? |
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The short answer is no.
The state of Wisconsin does not legally require a lawyer to form a
Wisconsin Limited Liability Company (LLC).
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The short answer is no.
The state of Wisconsin does not legally require a lawyer to form a
Wisconsin Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Wisconsin LLC.
However, if there is anything about Forming a LLC in Wisconsin
that you're not sure about you should seek the advice of a competent Wisconsin lawyer, a Wisconsin accountant,
or a Wisconsin Business advisor before you form a LLC in Wisconsin.
Once you have made the decision to Form a LLC in Wisconsin, a Wisconsin 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
Wisconsin Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Wisconsin?
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You are not legally required to reserve a Company Name for a new Wisconsin LLC before you submit your application to
Form a LLC in Wisconsin.
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You are not legally required to reserve a Company Name for a new Wisconsin LLC before you submit your application to Form a LLC in
Wisconsin.
Whether or not you need to reserve a company name for your new Wisconsin LLC depends entirely on your business situation.
The Wisconsin 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 Wisconsin Company Name.
Click here for more information on
Wisconsin Company Name Reservation
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What if the Wisconsin LLC Name I want is already taken?
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If the Name you have chosen for your new Wisconsin LLC is already in use by a currently active
Wisconsin Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Wisconsin Department of Financial Institutions. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Wisconsin LLC is available before we submit
your new LLC filing to the Wisconsin Department of Financial Institutions.
If necessary we can register a DBA Name in Wisconsin for you so that you can open your new Wisconsin business as quickly as possible.
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What do I have to do to Form a LLC in Wisconsin?
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6 things you have to do in order to Form a LLC in Wisconsin.
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6 things you have to do in order to Form a LLC in Wisconsin.
1. Choose a name for your Wisconsin LLC
2. Select an official address and a Registered Agent for your Wisconsin LLC
3. Determine who will be Members and who will Manage your Wisconsin LLC
4. Determine how you want your Wisconsin LLC to be taxed
5. File Articles of Organization with the Wisconsin Department of Financial Institutions
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Wisconsin LLC
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Your Wisconsin 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 Wisconsin LLC name that you choose must be distinguishable from the name of any other registered Wisconsin LLC or other
registered Wisconsin business entity, such as a Wisconsin Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Wisconsin.
Your Wisconsin LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Wisconsin LLC name must not be a name that is likely to mislead the public.
The name of a Wisconsin 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 Wisconsin LLC because if you want to change it after you
Form a LLC in Wisconsin you
will have to file amended Articles of Organization with the Wisconsin Secretary of State (and pay a fee).
We will:
- Check to make sure that your Wisconsin LLC name is available
- Make sure your Wisconsin LLC name conforms to state of Wisconsin regulations
- Reserve your Wisconsin LLC name with the Wisconsin Secretary of State
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2. Select an official address and a Registered Agent for your Wisconsin LLC
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Every Wisconsin LLC must have an address that is physically located in the state of Wisconsin.
This address is "registered" with the Wisconsin 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 Wisconsin to receive all correspondence on behalf of the Wisconsin
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Wisconsin LLCs hire a Registered Agent because they don't have a physical
address within the state of Wisconsin or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Wisconsin LLC.
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3. Determine who will be Members and who will Manage your Wisconsin LLC
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The owners of a Wisconsin LLC are called Members - not Partners or Shareholders.
(a Wisconsin Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Wisconsin LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Wisconsin LLC must have at least one Member.
Members need not live in the state of Wisconsin or be citizens of the United States.
Managers are responsible for the day to day operation of the Wisconsin LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Wisconsin LLC.
Management for your Wisconsin 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 Wisconsin LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Wisconsin 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 Wisconsin LLC is created.
If a single Member Wisconsin LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Wisconsin 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 Wisconsin LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Wisconsin Secretary of State
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A Wisconsin Limited Liability Company is a type of business that is authorized by the state of Wisconsin - not by the federal government.
In order to form a LLC in Wisconsin you must file Articles of Organization with the Wisconsin Secretary of State.
The Articles of Organization must include certain specific information about your Wisconsin LLC.
If the Articles do not conform exactly to state of Wisconsin requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Wisconsin LLC but you will have to pay a fee to the state of
Wisconsin in order to make the changes official.
- We can prepare and file your Articles of Organization with the Wisconsin 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 Wisconsin LLC.
All Wisconsin 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 Wisconsin 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 Wisconsin LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Wisconsin 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 Wisconsin 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 Wisconsin LLC as soon as it is approved by the Wisconsin Secretary of State.
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What do I have to do after I form my Wisconsin LLC? |
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5 things you have to do after you Form a LLC in Wisconsin.
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5 things you have to do after you Form a LLC in Wisconsin.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Wisconsin for your WI LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Wisconsin LLC reports
5. Keep proper records of your Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin, if you plan to form a multiple Member Wisconsin 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 Wisconsin LLC grows over time, you may amend your Operating Agreement as necessary.
When your Wisconsin 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 Wisconsin.
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2. Open a Business Bank Account in Wisconsin
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It's very important that you have a separate business bank account for your Wisconsin 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 Wisconsin Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Wisconsin 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 Wisconsin LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Wisconsin 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 Wisconsin LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Wisconsin LLC vary depending on your business activities
and the specific locations within the state of Wisconsin in which you want to conduct business.
If your Wisconsin LLC will be selling products in Wisconsin you may be required to obtain a Reseller's Permit from the appropriate
Wisconsin state agency.
If your Wisconsin LLC will be selling products in Wisconsin you will also be responsible for all applicable local and state of Wisconsin
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 Wisconsin LLC package.
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4. File the required Wisconsin LLC reports
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Each Wisconsin LLC must file a with the Wisconsin Secretary of State.
The Wisconsin includes basic information about your Wisconsin LLC.
Failure to submit a properly completed Wisconsin to the Wisconsin Secretary of State on or before the
due date may subject the Wisconsin LLC to being administratively dissolved in the state of Wisconsin or having its authority to
transact business in the state of Wisconsin revoked by the Wisconsin Secretary of State.
Penalties may accrue if you fail to file any Wisconsin LLC to the Wisconsin Secretary of State
by the due date.
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5. Keep proper records of your Wisconsin LLC on file
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Keep the following records on file and available at the principal business office of your Wisconsin LLC:
- Names and addresses of all Members and Managers of the Wisconsin LLC
- Articles of Organization for the Wisconsin LLC and any Amendments to them
- Copies of all tax returns and reports for the Wisconsin LLC for the last 3 years
- If the Wisconsin 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 Wisconsin LLC
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What information do I need in order to Form a LLC in Wisconsin? |
In order to Form a LLC in Wisconsin you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Wisconsin LLC's Registered Agent.
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In order to Form a LLC in Wisconsin you'll need the following information about your new Company:
- The name of your new Wisconsin 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 Wisconsin (not a PO Box)
- Name and address of your Wisconsin Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Wisconsin LLC
- Who is going to manage the day to day operation of your Wisconsin LLC
You do not have to name the Members of a
Wisconsin LLC in the Articles of Organization.
While you are not required to name the Members of a new Wisconsin LLC you still may include Member information with your initial
Wisconsin LLC filing.
Remember - ALL the information that you provide when you Form a LLC in Wisconsin 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 Wisconsin.
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How long does it take to Form a LLC in Wisconsin? |
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Processing times for new Wisconsin LLC applications vary depending on the work load of the
Department of Financial Institutions's staff.
We've found that normal processing of new Wisconsin 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 Wisconsin LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Wisconsin Department of Financial Institutions.
In our experience 5-7 business days is the time it usually takes the Wisconsin Department of Financial Institutions to process
a new Wisconsin LLC application.
We get your Wisconsin LLC application to the WI Department of Financial Institutions ASAP. Once it is at the state we have no control over the new Wisconsin LLC application process.
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Are there any Expedited Processing Options for new WI LLC Filings?
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The Wisconsin Secretary of State offers expedited service for all new Wisconsin LLC filings. For an additional $25 the Secretary of State will process your new Wisconsin LLC application by the close of the business day following that on which your new Wisconsin LLC application is received.
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How much does it cost to Form a LLC in Wisconsin? |
The state of Wisconsin charges $180.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the WI Department of Financial Institutions.
If you choose All Business Documemnts to help you form your LLC in Wisconsin, our processing fees are $125.00.
We start processing your new Wisconsin 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 Wisconsin Department of Financial Institutions
- Certified Copies of Articles
- Wisconsin LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Wisconsin Foreign LLC Qualification |
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You want to do business in the state of Wisconsin but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Wisconsin you must register with the Wisconsin Secretary of State as
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You want to do business in the state of Wisconsin but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Wisconsin you must register with the Wisconsin Secretary of State as
a Wisconsin Foreign LLC.
The process of registering as a Foreign LLC in the state of Wisconsin is called Wisconsin LLC Foreign Qualification.
The process of Wisconsin LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Wisconsin.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Wisconsin Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Wisconsin Foreign LLC.
Click here for specific requirements for
Wisconsin LLC Foreign Qualification.
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