Before You Register: Three Things You Need to Have Ready
Most people jump straight to the state filing portal and get stuck. Three decisions must be made before you can complete LLC registration:
How to Register an LLC: 6 Steps from Name to Open for Business
Check name availability and reserve your LLC name
Go to your chosen state's Secretary of State website and use the business name search tool. Search for your desired LLC name. If it's taken or too similar to an existing registered entity, you need an alternative. Most states allow you to reserve a name for 60–120 days for a small fee ($10–$50), which locks it while you complete the other steps. Your LLC name must end in "LLC," "L.L.C.," or "Limited Liability Company" — this is a legal requirement in all 50 states.
Appoint a registered agent in your state
Your registered agent must have a physical street address (not a PO box) in the state of registration and must be available during normal business hours to receive service of process — lawsuits, legal notices, government mail. As a non-US resident, you cannot serve as your own registered agent (you do not have a physical US address in that state). You need a registered agent service. Monezzi's registered agent service is included in all LLC registration packages and costs $0 additionally — the agent's address is used on your Articles of Organization.
Prepare and file your Articles of Organization
The Articles of Organization is the document that legally creates your LLC. You file it with the state Secretary of State — online in most states. The document is typically 1–2 pages and asks for: your LLC name, the registered agent's name and address, the LLC's principal address, the name(s) of the organizer(s), and optionally the management structure (member-managed vs. manager-managed). The state charges a filing fee ranging from $50 (New Mexico) to $500+ in some states. Once the state processes and approves your Articles, your LLC officially exists. You receive a Certificate of Organization as proof.
Draft your Operating Agreement
The Operating Agreement is a private document (not filed with the state) that governs how your LLC operates. It defines: ownership percentage, management structure, how decisions are made, what happens if an owner leaves or dies, and how profits and losses are distributed. Most states do not legally require it, but it is essential for three reasons: (1) banks require it to open a business account, (2) it prevents your state's default LLC rules from applying to your company, and (3) it provides legal evidence that your LLC is genuinely separate from you personally. A signed Operating Agreement is your first post-registration priority.
Apply for your Federal EIN (Employer Identification Number)
Once your LLC is registered and you have your Articles of Organization and the LLC's legal name confirmed, you apply for your federal EIN via IRS Form SS-4. As a non-US resident without an SSN, you submit Form SS-4 by fax to +1 267-941-1099. The EIN is assigned in 2–4 weeks and is required to open a US business bank account, set up Stripe, file Form 5472, and operate fully as a US business entity. See our dedicated EIN for Foreigners guide for the complete SS-4 walkthrough.
Open your US business bank account and activate compliance
With your Articles of Organization, Operating Agreement, and EIN in hand, open a Mercury or Relay business checking account — fully remote, no US visit required. Set up Stripe Business. Add your LLC to any relevant platforms (Amazon, PayPal, Upwork). And activate your annual compliance tracking: your LLC needs to file an annual report (in most states), pay the registered agent fee each year, and — critically — file Form 5472 every March 31 if you are a foreign owner. This is when ongoing LLC management begins.
Articles of Organization: What's Actually In the Document
The Articles of Organization is the single most important document in LLC registration. It is the legal filing that creates your LLC in the eyes of the state. Here is what each section requires:
LLC Name Rules: What Makes a Name Valid or Invalid
Choosing a compliant LLC name matters at the registration stage. The state will reject your Articles of Organization if the name violates these rules:
- Must include "LLC," "L.L.C.," or "Limited Liability Company" at the end of the name
- Must be distinguishable from all other registered business names in the same state — exact matches and names that are confusingly similar are rejected
- Cannot include words that imply government affiliation: "FBI," "Treasury," "State Department," etc.
- Cannot include restricted words without approval: "Bank," "Trust," "Insurance," "Attorney," "Doctor" typically require additional licensing evidence
- Cannot be offensive or misleading under state standards
- Punctuation rules vary by state — some states accept hyphens, ampersands (&), and periods; others do not
Registering an LLC Online: What "Online" Means for Non-Residents
You can register an LLC online — the state filing itself is handled through the Secretary of State's online portal in almost every US state. The Articles of Organization are submitted electronically, payment is made by card, and you receive the Certificate of Organization digitally within 24–72 hours.
However, "register an LLC online" for a non-US resident means something more specific than it does for a US resident:
LLC Registration Time by State
The Operating Agreement: Your LLC's Internal Constitution
The Operating Agreement does not get filed with the state — it is a private contract between the LLC's owner(s). But it is the document that banks, payment processors, and enterprise clients will ask for when you try to do real business. Here is what it must address:
Common LLC Registration Mistakes to Avoid
Using a PO box for the registered agent address
Every US state requires a physical street address for the registered agent — not a PO box, not a UPS Store mailbox. The state will reject your Articles of Organization. Use a registered agent service with a real street address.
Choosing the wrong state for your situation
Most non-US residents do not have a business reason to register in an expensive state like California or New York. Wyoming and New Mexico offer the best combination of low annual cost, privacy, and non-resident accessibility. The state you register in is not where you have to "operate" — it is simply where your LLC is legally domiciled.
Skipping the Operating Agreement
The Articles of Organization alone do not give you a complete, bankable LLC. Mercury, Relay, and most serious business platforms will ask for your Operating Agreement during onboarding. Without it, your LLC is incomplete for real business purposes.
Treating registration as the finish line
LLC registration creates the entity. It does not give you an EIN, a bank account, or compliance coverage. The Certificate of Organization is the starting line, not the finish line. EIN application, banking setup, and annual compliance (especially Form 5472 for foreign owners) are all still ahead.
Not tracking annual report deadlines
Most states require annual reports filed on a specific schedule. Missing an annual report triggers late fees and eventually administrative dissolution — your LLC is automatically revoked by the state. Wyoming's annual report is due on the first day of your LLC's anniversary month. Delaware's franchise tax is due June 1. New Mexico has no annual report. Know your state's requirements from day one.
Forgetting Form 5472 for foreign-owned LLCs
This is the most expensive mistake. Every single-member US LLC owned by a non-US resident must file Form 5472 with the IRS every year by March 31 — regardless of whether the LLC has any income. The minimum penalty for missing this filing is $25,000. LLC registration does not automatically set up this compliance — it must be actively managed.
Post-Registration Checklist: What to Do After Your LLC Is Registered
- Receive and save your Certificate of Organization — the official proof your LLC is registered
- Sign your Operating Agreement (Monezzi prepares this for every registered LLC)
- Apply for your federal EIN via IRS Form SS-4 (fax to +1 267-941-1099 — 2–4 week processing)
- Open Mercury or Relay business checking account once your EIN arrives
- Set up Stripe Business with your LLC EIN and bank account details
- Register on any US platforms requiring business verification (Amazon Seller Central, PayPal Business, Upwork)
- File FinCEN BOI Report (Beneficial Ownership Information) — required for most LLCs within 90 days of registration
- Note your state's annual report deadline and add it to your calendar
- Set a reminder for March 31 — Form 5472 deadline (foreign-owned LLCs only)
- Set up invoicing and bookkeeping — Monezzi's dashboard includes both
LLC Registration — Frequently Asked Questions
How do I register an LLC online as a non-US resident?
To register an LLC online, you file Articles of Organization through your chosen state's Secretary of State online portal. As a non-US resident: (1) choose a state — Wyoming or New Mexico work best for most, (2) designate a registered agent service in that state, (3) complete and file the Articles of Organization online, paying the state filing fee by card, (4) receive your Certificate of Organization by email. The full process takes 24–72 hours. Monezzi handles this entire process on your behalf.
What is LLC registration — is it the same as forming an LLC?
Yes, LLC registration and LLC formation refer to the same thing: the act of filing Articles of Organization with a state and receiving official recognition as a registered LLC. "Register an LLC" emphasizes the filing step. "Form an LLC" is the broader term that includes the filing plus the surrounding setup (operating agreement, EIN, banking). Either way, the central document is the Articles of Organization submitted to the Secretary of State.
How much does it cost to register an LLC?
State filing fees range from $50 (New Mexico) to $500+ depending on the state. The most common range for popular non-resident states: Wyoming $100, New Mexico $50, Delaware $90, Florida $125. These fees are paid to the state at the time of registration. Ongoing annual costs vary: Wyoming charges $60/year, New Mexico $0/year (no annual report), Delaware $300/year franchise tax, Florida $138.75/year.
Do I need a US address to register an LLC?
You need a US address for your registered agent — this is a legal requirement. You do not need to live in the US or have a personal US address. The registered agent's address fulfills the state's address requirement. Monezzi's registered agent service provides a real US street address in your registration state, which is used on your Articles of Organization and for all official correspondence.
How long does LLC registration take?
State processing time for LLC registration is typically 24–72 hours for online filings in Wyoming, Delaware, Florida, and New Mexico. Some states offer expedited processing for an additional fee, reducing turnaround to the same business day. Mail-in filings take 2–4 weeks. Note that EIN processing (a separate IRS step) takes an additional 2–4 weeks after LLC registration.
What is the difference between Articles of Organization and an Operating Agreement?
Articles of Organization is the public state filing that legally creates your LLC — you submit it to the Secretary of State and it becomes a public record. The Operating Agreement is a private internal document that governs how your LLC operates — it is not filed with the state and remains confidential. Both are required for a complete, functional LLC, but only the Articles of Organization is the "registration" document.
Can I register an LLC in any US state?
Yes. As a non-US resident, you can register an LLC in any of the 50 US states. You are not required to have a physical presence, employees, or customers in that state. The registration state is simply where your LLC is legally domiciled and where you pay annual fees. Most non-US residents choose Wyoming (low cost, strong privacy), New Mexico (no annual fee), Delaware (investor-friendly), or Florida (good for those planning a US presence).
What happens if I miss my LLC annual report?
Missing your state's annual report filing results in late fees, and if left unresolved, administrative dissolution — the state revokes your LLC's good standing. A dissolved LLC cannot open new bank accounts, sign contracts, or operate legally. Reinstatement is possible but requires paying back fees and filing delinquent reports. Annual report tracking is part of Monezzi's compliance service for every LLC.
Registering an LLC means filing Articles of Organization with a US state, appointing a registered agent, and drafting an Operating Agreement. The state processes the filing in 24–72 hours. After registration, you apply for an EIN, open a US business bank account, and activate your annual compliance calendar. For non-US residents, every step is done fully remotely.
Monezzi manages the complete LLC registration process — from name check and Articles of Organization to Operating Agreement, EIN application, and Mercury bank account onboarding. Register your LLC today →