There are many benefits to choosing to incorporate your business as a limited liability company, or LLC. An LLC combines the protection of limited liability found in a corporation with the benefits of pass-through taxation and relaxed formal requirements -- such as holding board meetings -- associated with a partnership. Creating an LLC in Utah requires filing a document, called an Articles of Organization, with the Utah Division of Corporations and Commercial Code.
Name your LLC. Utah mposes strict requirements on the name you may give your LLC. Your LLC must contain one of the following terms: “limited company,” “limited liability company,” “LC” or “LLC.” Your LLC must not contain words or abbreviations frequently associated with other forms of business associations, such as “corporation,” “association” or “incorporated.” Utah law also prohibits you from using words associated with the Olympics, such as “Olympic” or “Olympiad,” without the written consent of the U.S. Olympic Committee, or educational terms such as “university,” “college” or “institute” without the written consent of the Division of Corporations and Commercial Code. The name of your LLC must also not be identical to or be easily confused with the name of an existing Utah corporation. The Division of Corporations and Commercial Code maintains a free online database of all Utah corporations, which you can use in deciding what to call your LLC (see Resources).
Designate a registered agent for your LLC. If your LLC is ever the target of a lawsuit, a registered agent is the person or business that will receive service of process of the lawsuit. If you are a Utah resident forming a Utah LLC, you may serve as the registered agent of your LLC. However, serving as the registered agent of your LLC involves listing your home address and contact information in your Articles of Organization, which is a public record. If you wish to keep your personal information and business information separate, hire a commercial registered agent service which will serve as the registered agent of your LLC.
Register online or via mail. The Utah Division of Corporations and Commercial Code allows you the option of filing an Articles of Organization through either the Internet, fax or mail. If you choose to file via fax or mail, download the Articles of Organization from the Utah Division of Corporations and Commercial Code website (see Resources).
Fill out your Articles of Organization. List the name, business purpose and registered agent of your LLC. If the registered agent of your LLC is not a commercial service, list the registered agent’s name and physical address. Also specify whether any person involved with organizing the LLC is not an owner -- called a “member” -- or manager of the LLC, and list the name and address of any organizer who is not a member or manager. Specify whether the LLC will be operated by members or managers, and the name and address of any members or managers. Indicate the principal physical address where the LLC is doing business, and specify a duration for the LLC -- this must not exceed 99 years. You also have the option of indicating whether your LLC is a female or minority-owned business.
File your Articles of Organization with the Utah Division of Corporations and Commercial Code. As of November 2010, the fee for registering an LLC in Utah is $70, payable to the State of Utah. If you are filing out your Articles of Organization online, follow the online directions for submission and payment. If you are filing by mail or fax, you must pay by cash, check or money order.
- While creating an LLC in Utah can be done over the Internet, maintaining a business as an LLC can affect your taxes. Consult with a tax attorney if you have questions about the tax implications of operating a Utah LLC.
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