Here are the steps you need to take to form an LLC in Nevada.
Under Nevada law, an LLC name must contain the words: "Limited-Liability Company," "Limited Liability Company," "Limited Company," "Limited," or one of these abbreviations: "Ltd.," "L.L.C.," "LLC," or "LC." The word "Company" may be abbreviated as "Co."
Your LLC’s name must be distinguishable from the names of other business entities on file with the Nevada Secretary of State. Names may be checked for availability on the Nevada Secretary of State business name database. You may reserve a name by filing a Name Reservation Request form online or by mail.
Every Nevada LLC must have an agent for service of process in the state. This is an individual or business entity that agrees to accept legal papers on the LLC’s behalf if it is sued. The registered agent must have a physical street address in Nevada and can be a Nevada resident or a business entity authorized to do business in Nevada. A list of registered agents is available at the Nevada Secretary of State website.
A Nevada LLC is created by filing Articles of Organization Limited-Liability Company with the Nevada Secretary of State. The articles require certain information about your LLC like its name, the name and address of your LLC's registered agent, and other basic information. The articles may be filed online using Silverflume or by postal mail. The filing fee is $75.
An LLC operating agreement is not required in Nevada, but is highly advisable. This is an internal document that establishes how your LLC will be run, including how the LLC will be managed. In the absence of an operating agreement, state LLC law will govern how your LLC operates.
Additional tax and regulatory requirements may apply to your LLC, including the following.
EIN: If your LLC has more than one member, it must obtain its own IRS Employer Identification Number (EIN), even if it has no employees. Single-member LLCs with employees or taxed as a corporation instead of a sole proprietorship (disregarded entity) must also obtain an EIN. You may obtain an EIN by completing an online EIN application on the IRS website.
Business Licenses: As a general rule, all businesses doing business in Nevada must obtain a state business license from the Nevada Secretary of State. The initial business license application is combined with the initial annual report and filed with the LLC's Articles of Organization. Subsequent annual licenses are combined with the annual report filing. For more information, see Nolo's article How to Get a Small Business License in Nevada.
Department of Taxation: In some cases, for example if you have employees, you’ll need to register with the Nevada Department of Taxation (DOT) and the Nevada Employment Security Division (ESD). For more information on state LLC tax registration, check Nolo's article, Nevada LLC Annual Filing Requirements.
All Nevada LLCs and foreign LLC authorized to do business in the state must file an annual report (annual list) listing their officers, directors, and registered agent. The first annual list must be filed with the LLC's Articles of Organization (or Application for Registration of Foreign Limited-Liability Company). The report may be filed online using Silverflume or you may download the form and file by postal mail.
To do business in Nevada, all LLCs organized outside of the state must register with the Nevada Secretary of State. To register, file an Application for Registration of Foreign Limited-Liability Company. The application may be filed online or by mail.
All of the paperwork and procedural steps to start a limited liability company in Nevada can be done online using Nolo's Nevada Online LLC Formation application.