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How to Form an LLC in Utah: The Benefits of Doing Business as a Utah LLC

There are many requirements that go into getting your Utah LLC up and running, some of which can be overwhelming for new business owners.

However, with the right support, you’ll be able to successfully form your Utah LLC so you can start doing business as a limited liability company. Below you will find an overview of each step:

The Utah LLC formation process has eight easy steps:

1. Complete an LLC Name Search

2. Select a Registered Agent

3. Obtain a Certificate of Formation

4. Create an LLC Operating Agreement

5. Get an EIN Number

6. Open a Business Bank Account

7. Obtain a Business License

8. File Your LLC Taxes

What is an LLC?

A limited liability company, also known as an LLC, is a business structure that a business owner can utilize in order to legally offer business services to customers or clients. In addition to the many benefits offered by the LLC business structure, perhaps the most well-known advantage is the limited liability protection offered to LLC owners and members.

When you start a limited liability company, your personal assets being protected in the case of debts or lawsuits against your business in Utah. This means that any personal bank accounts, properties, or vehicles remain separate from Utah LLC and cannot be taken from you.

Utah is one of the best states for business owners to register their limited company (LLC) as Utah offers many benefits to small business owners. According to various ease-of-doing business indexes, Utah is ranked among the top ten states in the United States for conducting business as an LLC.

If you need help with any part of the LLC formation process, contact the professionals at LLC Formations. We’re here to help you get your Utah business up and running.

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The Benefits of Starting an LLC in Utah

No Annual Report Due of Meetings to the State

A Utah limited liabilities company (LLC) does not require its members to conduct an annual report of the minutes of meetings, which is much more convenient for the business entity.

Instead of focusing on recording and organizing the minutes of meetings and compiling them into an annual report, you can focus on actually operating your business. The state of Utah also doesn’t require an annual report like many other states.

No Maximum Number of Members Allows for More Profit and Benefits

An LLC in Utah is not restricted to a maximum number of members. Since there are no restrictions on members, an LLC can have an unlimited number of members enabling it to get funding from a variety of sources including the capital raised by each member of the team.

For a small business in Utah, multi-member LLCs can be a lucrative idea as profits are shared according to the capital contribution of each member. In addition, small businesses do not have to look for loans from banks and financial institutions.

State-wide Flexibility and Easy Operation

As opposed to a limited partnership, members of LLC enjoy a lot of flexibility in making corporate decisions according to the bylaws of the business entity operating agreement, which is usually drafted by members according to their roles, obligations, and contributions, among other information.

The LLC Business Entity is Easy to Become a Part of

LLC is perhaps the most flexible structure as anyone can become a member. Members can include other corporations, trusts, limited partnerships, associations, general partnerships, and even managers of other companies. An LLC Utah may comprise of members, managers, and employees.

Utah State Laws are More Relaxed than Other States

Utah LLC registration is governed by the state-friendly laws of Utah, which means that state laws are given precedence over other states if someone residing in another state or a foreign entity submits a legal claim against Utah limited liability company.

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1. Choose a Name for Your LLC

Before filing for your LLC in Utah, you’ll need to make sure that your ideal business name is available. Your LLC name must be unique and the name should reflect the nature of your business.

The name of your LLC cannot be similar to the name of another LLC in the state of Utah. In order to check if it is available, you will need to conduct an LLC name search on the portal before continuing with any filings for your LLC.

Conduct a Utah LLC Name Search

You need to know if your name is available in Utah before filing the LLC paperwork, or else, your document can be rejected while your filing fee remains non-refundable. You can check your ideal name against the names of existing LLCs in the state of Utah by accessing the name search database on the Secretary of State website.

You will simply type in the words or phrases of your ideal name without “LLC” at the end. If nothing comes up, you are able to use the name. If it is already taken, start thinking of other words you can replace parts of the name with or come up with something new entirely.

Other Naming Requirements for a Utah LLC

LLC Designators

Utah requires that all LLCs end with a proper designator. A designator is a notation that informs the public of the type of business you run. Your LLC name may end with one of the following:

  • LLC (Of all of the permissible designators, this one is the most common.)
  • L.L.C.
  • LC
  • L.C.
  • Limited Liability Company
  • Limited Liability Co.
  • Ltd. Liability Company
  • Ltd. Liability Co.

Reserve a Domain when You Form Your Iowa LLC

It’s important that you make sure to reserve a domain name with your business name before submitting your LLC application to the Secretary of state. Business is often done online, and missing the opportunity for an online presence can negatively impact your business.

A small business will benefit from having an online presence to attract customers and clients. The domain name of your website should be the same as your company name so your marketing material can remain consistent.

If you need help with reserving a domain for your business, contact the professionals at LLC Formations so we can guide you towards forming your Iowa LLC.

2. Choose a Registered Agent

The main duty of the registered agent is to receive legal notices on behalf of the LLC. Also referred to as a resident agent, this person is crucial to the formation of your Utah LLC. You can be your own registered agent, you can hire a friend or family member, or you can hire a registered agent service when you form an LLC.

When forming an LLC, you’ll need to hire a registered agent to be listed on your formation document. Your registered agent must be over the age of 18 and also must have a valid street address in the state of Utah in order to receive your legal mail, also known as “service of process.”

What are the Benefits of Hiring a Registered Agent Service?

A registered agent service will help you with a variety of other business tasks besides just accepting your service of process. A registered agent can help with taking phone calls, setting up meeting spaces, providing phone numbers, and offering a private secretary.

When you form an LLC, the street address of your registered agent becomes a public record. If you prefer to keep your privacy, then hiring a registered agent service can be a big benefit as your address will not be listed on any business document for your LLC.

In the long-run, your professional agent service can theoretically save you thousands of dollars in additional setup costs. If you need help with choosing a registered agent service in your area, contact LLC Formations so we can help you get started.

3. File the Utah LLC Certificate of Organization

In order to register a company in Utah, you will need to file a Utah LLC Certificate of Organization with state authorities. Also referred to as the Articles of Organization, the Utah LLC Certificate of Organization is a simple form that requires the filer to answer questions related to the company formation and provide relevant information.

Once filled out, you can submit the certificate to the Utah Divisions of Corporations along with the state filing fee. Once you have submitted your limited liability company form, your Utah registered agent will be the one to look over all of the paperwork and get your documents ready for the approval of your LLC in Utah.

What Do I Need to Include on the Certificate of Organization?

Before filing the Certificate of Organization, it is important to understand the initial process and questions that you will need to answer. The sections include:

  1. Select a company name
  2. List your principal office address
  3. Hire a registered agent
  4. Identify members of your limited liability company
  5. List the duration of your business
  6. Disclose the nature of your business
  7. You must include the required state filing fee

After answering all the above questions, you must include a $70 state filing fee to the state of Utah to register your LLC. You can submit the form and pay online, by fax, or by mail either by check, money order, or credit card. It can take between 7-10 business days if applying for your limited company by mail.

You will need to file your Utah LLC Certificate of Organization with the Utah Division of Corporations Commercial Code. Checks for the filing fee can be made payable to the Division of Corporations Commercial Code.

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4. Prepare an Operating Agreement

An operating agreement is a legal agreement between members, managers, and stakeholders of a company outlining the duties of each person or entity. Most multi-member LLC will prepare an operating agreement with detailed information defining the roles and contributions of each member when forming an LLC.

Do I Need an Operating Agreement?

While there is no obligation to submit a formal agreement, LLCs like to submit operating agreements because they can be useful documents in case of a dispute. The court of law usually decides cases based on the provisions of the operating agreement. To be fair to each member, you need to prepare a formal agreement as per the desire of each member and other agreed-upon information when you form an LLC.

While operating agreements are available online, you should always consult a professional company to write the operating agreement. Once written, it should be submitted to your registered agent and state authorities to serve as an official record for your Utah LLC.

If you are the only one handling company’s affairs, the operating agreement is still necessary because such documents are required to open a business bank account and get a loan for your business in Utah. The operating agreement may be edited if you hire employees or if new partnerships are formed.

5. Obtain an Employer Identification Number

After registering your Utah LLC, you should get an EIN for your LLC by filing form SS-4. This form can be found on the Internal Revenue Service website. The form for the registration process is very simple, and it requires only very basic information from applicants about the Utah LLC.

Anyone can fill out the form online and get EIN within minutes. A registered agent service can also help you with this part of forming your LLC. There is no filing fee required when obtaining an EIN for your Utah LLC.

Do I Need an Employer Identification Number (EIN)?

An EIN is critical to operations of a business as it is used to identify tax accounts of employers and individuals who have no employees. The EIN is a nine-digit number, which you will need when filing different business tax returns after you form an LLC in Utah.

Sometimes, single-member LLC owners are told that they can operate without an EIN. While it is theoretically possible to operate without an EIN, you will likely need it at a later stage. Therefore, it is better to spend a couple of minutes on the IRS website so you can get your EIN for your Utah LLC.

If you don’t obtain an EIN for your LLC, Utah could determine that your business is instead a sole proprietorship. A sole proprietorship doesn’t have many of the same benefits offered to the LLC business structure, so this is important to keep in mind for the future of your business.

6. Open a Bank Account

For a business transaction, you will need to open a commercial account. Luckily, this only takes a few business days. While there is no obligation to open a business account, you should not use a personal account for business transactions as mixing personal and business records is surely a recipe for disaster.

Moreover, your trade partners, sellers, and vendors will likely ask you for a commercial bank account before proceeding with any transaction.

What are the Benefits of Opening a Business Account?

When you have a business account with a bank, you are offered many benefits for your Utah LLC. As long as you remain in good standing, you can enjoy the benefit of having a company credit card, a way to pay employees, and the peace of mind of having all of your business’ finances organized into one place.

To open a bank account for your Utah LLC, you should call your bank for the different requirements. However, most bank officers will like to see three official bank documents:

  • Certificate of Organization
  • Employee Identification Number
  • Operating Agreement, if any

Take these documents with you to the bank to convince the bank officer that you have done your homework. Since it is common for bank officers to open personal accounts, some bank officers may not know the exact procedures of opening a commercial business account. This is true if your bank is a local bank dealing mainly with personal accounts or if the bank officer has recently joined the organization.

To avoid such a situation, always call your bank ahead of time and let them know that you are coming to open an account for your Utah LLC formation. If you have a scheduled appointment, the bank officer will be ready to open an account and answer relevant questions.

Any business in Utah will be required to pay state tax, file with the division of corporations’ commercial code, and a few other steps in order to form an LLC. Having a business account allows you to keep everything organized in one place so your LLC can remain in good standing.

7. Get Business Licenses and Permits

A lot of LLCs require special business licenses and permits before they can start offering specific services. For these businesses, registering their LLC is not enough to operate because there are certain liabilities and business risks they must face and debts that they are vulnerable to. Examples of these businesses include doctors, health professionals, construction companies, and lawyers, etc.

Consult a Professional for Your Utah LLC

If you require such business licenses and permits, it is a good idea to call the local trade organizations or business associations before opening your Utah LLC. If there is confusion with any of the steps, ask the professional agent who is representing your company. Usually, professionals are aware of such licenses and permits because they deal with a variety of businesses on a daily basis.

Instead of calling the lawyer who will likely charge a hefty consultation fee, a professional company is your best choice to get a full-fledged business package that may also help you to obtain a relevant business license or permit for your Utah LLC.

Overall, it’s much easier to register and start your LLC than you may think. If you follow our guide, you can be on your way to starting the first business transaction in a matter of days. If you want to take a do-it-yourself approach, this is the best time to do so.

Remain in Compliance with Utah State

If you do business as a Utah LLC without having the proper permits, your LLC could be fined, or worse, dissolved. When businesses are in compliance, they receive a Certificate of Good Standing from the state. This certificate is something you don’t want to have revoked as it can heavily affect your business.

If you need help with determining which permits or licenses you need for your business, contact the professionals at LLC Formations so we can help you get it sorted.

How Can LLC Formations Help You?

Professionals can offer a variety of services at an extremely reasonable cost. By utilizing the help of professional service, instead of being tied down to time-consuming paperwork, you can work on growing your LLC in Utah.

You can also visit our guide on starting an LLC in Vermont for everything you need to know about starting a new business in the state of Vermont.

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