This post was originally published on October 31, 2019, and has been updated for accuracy, comprehensiveness, and freshness on March 16, 2026.
To no one’s surprise, there’s paperwork involved with opening up a new LLC. Some of these forms are required by law, while others are simply recommended to keep you protected going forward.
If you're wondering which LLC legal documents you need, this guide breaks it down and explains why each one is important.
LLC documents are the official paperwork that establish your business and outline how it operates. They have two purposes:
Not all LLC documents carry the same weight. Some are legally required, meaning if you skip them, the state won't recognize your business. Others aren't required but are helpful to have because they protect you if something goes wrong.
For example, the law requires you to have Articles of Organization. But an operating agreement, while not required by every state, can save you from messy disputes between members down the road.
These are the primary business formation documents you should have when starting an LLC. Some are filed with the state, while others stay with you.
Your Articles of Organization (also called a Certificate of Organization in some states) is the document that officially creates your LLC. Without it, your business doesn't exist in the eyes of the state. This is the most important of all entity documents for LLC formation.
Think of it like a driver's license for your business. It tells the state the basics about who you are and what you do. Most states require you to include:
Some states also ask you to list your members, their initial contributions, and a liability clause. Once your articles are filed and approved, keep a copy with your registered agent.
If you’re just getting started, read our guide on starting an LLC for a full walkthrough.
An Employer Identification Number (EIN) is similar to a Social Security number for your business. The Internal Revenue Service (IRS) uses it to identify your LLC for tax purposes. You will need an EIN if you plan to:
Getting an EIN is free through the IRS website. Even if you are a single-member LLC, getting an EIN keeps your personal Social Security Number off of your business documents (a smart move for safety and privacy).
An operating agreement is an internal document that lays out how your business runs. It covers ownership percentages, voting rights, profit sharing, and what happens if a member wants to leave.
Most states don't require you to file one, and some don't even require it to be in writing. But we still recommend putting one together.
A good operating agreement will cover:
Many operating agreements also include clauses that protect members from personal liability and keep the rest of the agreement valid even if one part gets thrown out. Just make sure it lines up with your Articles of Organization. If the two ever conflict, the Articles win.
Keep in mind that even if not required by your state, that businesses like banks may require you to give them a copy to open a bank account.
Once your agreement is finalized, for more details on formalizing it, read about whether an operating agreement needs to be notarized.
Beyond just the basics, there are several other LLC documents you may need depending on your situation:
All of these documents can help keep your LLC legally compliant and protected as your business grows.
Getting your LLC legal documents right the first time can save you time, money, and stress. A lawyer can review your operating agreement before you sign it and walk you through your state's filing requirements.
LegalShield doesn't handle business incorporation directly, but our Small Business legal plans include consultations on specialized topics, like LLC formation. That means you can talk to a lawyer about which documents you need, what your state requires, and how to set things up the right way from the start.
If you're ready to get your LLC documents in order, LegalShield's business coverage connects you with lawyers who can answer your questions and review your documents.
If you want to do business under a name that isn't your own legal name or your LLC's registered name, you need a trade name, also known as a doing business as (DBA) name.
A consulting agreement is a contract between a service provider, such as an independent contractor, and a recipient.
Hold harmless agreements can help reduce a business's liability by having signatories accept a certain amount of risk.
Getting an LLC in New York generally involves choosing a business name, filing Articles of Organization with the New York Department of State, creating a written Operating Agreement, completing New York’s publication requirement, and handling tax and business setup steps, like getting an EIN.
Knowing how to franchise your business takes more than enthusiasm. It takes documented systems, legal preparation, and the right partners.
In this guide, we walk you through how to transfer property to an LLC in just a few steps, along with key things to watch for so you can make this change with clarity and confidence.
