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: They prove your business exists in the eyes of the state; They set the rules for how your business operates.
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: Your LLC's name; The purpose of your business; Your principal and mailing address; How long your LLC will operate; Your registered agent's name and address; Whether the LLC is member-managed or manager-managed. 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: Hire employees; Open a business bank account; File separate business tax returns. 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. If you ever need to change ownership of your LLC, you'll need to revisit these documents. 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: What each manager and member is responsible for; How meetings are called and how votes work; How profits and losses are split; How members can buy in or sell their shares; Tax setup, like how the LLC is classified and what accounting method it uses; How to make changes to the agreement; Procedures for removing members from the LLC; How to close the business if it comes to that. 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: Business licenses and permits: Depending on the industry you operate in and your location, you may need federal, state, or local licenses to operate legally. Tax registration forms: You'll probably need to register for state taxes, and possibly local taxes, depending on where you do business. Meeting minutes: Keeping track of meeting minutes can protect everyone later if disputes arise. Certificates of Membership: If more than one member, member certificates support ownership percentages or units. Certificate of amendment: If you need to change your LLC's name, address, or structure, you will file this with the state. Certificate of dissolution: If you want to close your LLC, this document officially ends your business with the state. 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.
Written and maintained by the LegalShield content team, covering legal and identity protection topics for individuals, families, and small businesses.
An indemnity agreement settles the “who is responsible” question ahead of time. One party promises, in writing, to cover certain losses tied to the work, so the other isn't left with the bill. These promises appear in construction contracts, leases, and business sales.
A certificate of good standing is official proof from your state that your business is registered and current on its requirements. Most lenders and agencies want a recent one, so it helps to know how to get it before someone asks.
Whether the goal is selling a company, bringing in a business partner, or passing it to a family member, the LLC ownership transfer often involves reviewing the LLC's operating agreement and the applicable state's rules.
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.
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