Who Can Create an LLC?
LLCs can be formed by any legal entity, including corporations and individuals. A corporation can only become a Limited Liability Company when it is only one of the partners in the LLC. Individuals can create LLCs on their own so long as they have the necessary legal capacity. In most states, including Indiana, California, and Tennessee, legal capacity simply means that you are a legal adult who has not been deemed incapable of making decisions because of mental disability.
What Paperwork Is Required?
To officially create your LLC, you must file a document called the Articles of Organization with your state's business filing agency, often the Secretary of State, and pay the required filing fee.
While not every state requires an Operating Agreement, it’s strongly recommended to create one. An Operating Agreement outlines how your LLC will be managed, how profits and losses will be distributed, and what happens if a member leaves the business. Even if your state doesn’t mandate it—and even if you’re the only member—having this document helps establish clear internal rules and strengthens the LLC’s liability protection.
What Permits and Licenses Are Required?
After your LLC is registered, you may need to obtain additional business licenses or permits depending on your industry and location. For example, professional services, restaurants, and construction companies often have additional regulatory requirements. You can usually find a full list of what’s needed by visiting your city or county clerk’s office or your state’s business licensing website.
Some states also require you to publish a notice of intent to form your LLC in a local newspaper. This step has become less common but still applies in certain states.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
