Form an LLC in Colorado

Form an LLC in Colorado

 

We make it fast and easy to form a Colorado LLC. Packages Start at $79. (plus state fees)

File your LLC’s Articles of Organization in Colorado using SunDoc Filings. We make daily trips to the Secretary of State office.  Unlike other filing services, we handle all filings on an expedited basis.  We never mail in your documents and we always have a live voice to help.

 

For already prepared documents, skip to step 3

 

Step 1: Check name availability
Determine your primary name and back up name choices for your Colorado entity. We highly recommend that you give us alternative choices to reduce the chance of rejection.
 
Step 2: Fill out our easy online order form to submit your articles of incorporation.
Our form will walk you through all required information.
 
Step 3: Specify Service Level and Service Options:
Select the appropriate filing packages or choose from the a la carte options.
 
Routine: 24 - 48 hours
Rush: No Rush Available
 
We can have your documents filed and emailed to you once received from the Secretary of State. Documents must be received by noon PST on the day of the filing. Please note that if any filing is rejected, the state fees are non-refundable. If you do not receive our email confirmation within one hour during normal business hours, please call us at 888-595-2747 to confirm your order.

 

 

Your filing is now on its way! If we receive your Colorado LLC's Articles of Organization by noon M-F, your filing will be submitted the same day it was received. The date submitted will become the file date of your new entity. The Secretary of State office will take at a few weeks to process routine orders. Keep in mind that if you mail the document to the state yourself, like many filings services do, you will have to wait at least a month. When the state is approves your document, they will issue a state entity number and a certified copy We will immediately fax or email the filed document to you. We will return the certified copy via regular mail. 

 

Your Post-Filing Responsibilities

File a Statement of Information: After the Articles of Organization are filed, the Secretary of State requires that you file a Statement of Information. The Statement of Information, includes the business and mailing address of the entity, the names and addresses of the members, the agent for service of process, and a brief description of the business.  We can file this for you; simply add it to your order. 

Employer Identification Number: If you would like, we can obtain your EIN for your new Colorado LLC. Simply add it to your order or fill out our online EIN order form and we will obtain the EIN within 24-48 hours.

Colorado LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the Colorado LLC kit at the time of filing or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.

 

 

The SunDoc Filings Advantage

 

  • We have filed thousands of documents since 1999
  • All filings received by 12 p.m. PST are submitted same day
  • Most filing companies mail in your filings

 

 

Colorado LLC Formation Guidelines

LLC Name:  Choosing a business name is one of the first steps in the process of forming your Colorado Limited Liability Company. 

The name must contain, as the last words of the name, the words "Limited Liability Company" or the abbreviations "L.L.C." or "LLC". The word "Limited" may be abbreviated as "Ltd." and the word "Company" may be abbreviated as "Co."

It cannot be the same as another Colorado Limited Liability Company or other registered entity. SunDoc Filings allows you to choose up to three names for your Colorado Limited Liability Company, in order of preference. We will conduct a name check before filing to see which names are available.


Filing Procedures
Articles of Organization: In any Colorado LLC formation, the articles of organization must be filed with the Secretary of State. State law requires that certain information be included in your articles of organization of your Colorado LLC formation. This information must include:

  • The company name
  • Its principal place of business
  • The name and business address of the registered agent for service of process
  • A statement as to whether the LLC is to be manager-managed, and if so, if management is vested in managers, the names and business addresses of the initial manager or managers

If the LLC is member-managed, the names and business addresses of the initial member or members With respect to a LLC, if management is in managers rather than reserved to the members, the names and addresses of the initial member or members may be set forth in the articles of organization
Filing: Your LLC is considered organized once the articles of organization are delivered to the Colorado Secretary of State, and the articles are deemed to be compliance with state requirements. One certified copy of the articles of organization will be issued, and the other certified copy will be returned to the organizer or members.
Organizers: Any person at least 18 years of age or entity may form a LLC. They need not be members of the LLC. One or more natural persons or entities.

An organizer may be an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.
Operating Agreement: Although not required, LLC members may adopt an operating agreement for the company, which may also be amended and repealed as allowed by the agreement or applicable law. The articles of organization may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. If there is more than one member, any operating agreement shall initially be agreed to, in writing, by all of the members.

Membership: A limited liability company must have one or more members. Requirements: Minimum Number of Members: One or more Eligibility Requirements: A natural person or an entity

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at formation and, after formation, upon the written consent of all members.
Resignation of Membership: Certain prohibitions exist surrounding the ability of a member to resign from the company. Unless prohibited in a written operating agreement, a member may resign from a LLC by giving written notice to the other members. If the resignation violates the operating agreement, the LLC may recover any damages resulting from the breach of the operating agreement and offset the damages against the amount otherwise distributable.
Contribution: The contributions of a member to the limited liability company may be cash, property, or services rendered or a promissory note or other obligation to contribute cash or property or to perform services.
Registered Agent
Every Colorado LLC must have a registered agent. A registered agent is the person or business responsible for accepting service of process for an entity. They also accept mailings from the Secretary of State, such as the annual report. Such person should then forward the documents to the entity.  We can also provide your business with registered agent services.

Any individual at least 18 years of age with a physical address in Colorado may act as a registered agent in Colorado. Also, any business entity having a usual place of business in Colorado (a physical Colorado street address) may act as a registered agent in Colorado. As of July 1, 2004, an entity can serve as its own agent. You may NOT appoint the Secretary of State as a registered agent for service of process. You may only appoint one individual or business entity as agent.
The registered office may be a place of its business.

Continuing Requirements
Annual Report: Each limited liability company shall file an annual report with the Colorado Secretary of State regarding:

Registered agent name and registered agent address of the reporting entity's registered agent;

Principal office address of the reporting entity's principal office.
On and after January 1, 2002, the form for the first annual report shall be delivered by the secretary of state to the reporting entity, at its registered agent address, in the calendar year following the year in which the reporting entity was formed. Thereafter, the annual report form shall be delivered to each reporting entity annually.
Records: Each limited liability company shall keep following records open to inspection at its office:

A current list of the full name and last-known business, residence, or mailing address of each member and manager, both past and present

A copy of the articles of organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any amendment has been executed

Copies of the limited liability company's federal, state, and local income tax returns and reports, if any, for the three most recent years

Copies of any currently effective written operating agreements, copies of any writings permitted or required, and copies of any financial statements of the limited liability company for the three most recent years;

Minutes of every annual and special meeting and any meeting

  • A statement prepared and certified as accurate by a manager of the limited liability company which describes:
  • The amount of cash and other property or services contributed or agreed to be contributed in the future by each member
  • Any additional contributions agreed to be made by each member are to be made
  • If agreed upon, the time at which or the events on the happening of which a member may terminate his membership in the limited liability company and the amount of, or the method of determining, the distribution to which he may be entitled respecting his membership interest and the terms and conditions of the termination and distribution.
  • Any right of a member to receive distributions which include a return of all or any part of a member's contribution.

 

 


 

Colorado LLC Frequently Asked Questions

 

What is the benefit of using SunDoc Filings in Colorado? 
We visit the Colorado Secretary of State daily and submit all filings received by 12:00 noon that same day. We treat all of our filings on an expedited basis and do not charge extra fees unless mandated by the state. Many filing companies will simply mail in the filings unless you pay for "rush"  or premium services. The following guidelines are especially helpful if you are preparing your own Colorado Articles of Organization.

Questions about LLC Formation Guidelines?

How many members and managers are required in Colorado?
At least one member is required in Colorado.  
 What is a Registered Agent?
 A Registered Agent is an individual or a business designated to receive service of process (SOP) in the event a corporation is party to a lawsuit. For example, if your corporation is ever involved in a lawsuit, the plaintiff’s attorney and or the court will serve your corporation via a process server to inform you of the suit. State filing agencies require that a corporation designate a Registered Agent to receive the legal document from the process server. The Registered Agent must maintain a physical address (no P.O. Boxes or PMB’s) in the states of the corporations they represent. The Registered Agent is also required to be available at the physical address Monday through Friday during normal business hours to accept service of process. The name and address of the Registered Agent is a matter of public record.
Can SunDoc Filings help me obtain a Registered Agent?
Yes we can. SunDoc Filings helps companies fufill the Registered Agent requirement for a small annual fee. SunDoc Filings will appoint a Registered Agent to act on your company’s behalf and forward all service of process to you immediately. We provide this service in all 50 states and the District of Columbia. More information
What are operating agreements and how do I obtain or prepare them?
A corporation's bylaws are the company's rules and regulations. For a Limited Liability Company, they are called an operating agreement. Sample bylaws are provided when you order a corporate or LLC kit. Companies do not file the bylaws or operating agreements with the Secretary of State. Instead, bylaws or operating agreements are kept with internal company records.

Questions about Incorporating?

How do I form an LLC in Colorado?
To form an LLC, a prospective company must prepare and file Articles of Organization with the state authorities. You must also pay filing fees and any applicable initial franchise taxes or other fees. The information required for Filing Articles of Organization varies by state and type of business. If you want to form your LLC through SunDoc Filings, just complete our order form online and we will prepare and file your Articles of Incorporation.  
Do I need an attorney to form an LLC in Colorado?
No. You can prepare and file the Articles of Organization yourself, but you should understand the requirements of your intended home state. If you are unsure if a business entity will benefit your business, or what business type you should form, you should consult an attorney or accountant.
In what state is it best for me to form an LLC?
Your home state is not always the best choice.  Some states offer better tax benefits than others, but keep in mind that legal matters must be settled in your state of incorporation.  Once again, if you are not sure, contact an attorney or CPA for advice.
Should I form an LLC or a Corporation in Colorado?
Corporations and LLCs are both excellent choices for business owners looking to minimize their personal liability and build credibility. Each entity offers distinctly different tax and business advantages and choosing the right one should be determined by your specific business needs. Your industry may also dictate the type of entity that can be formed. Contact a CPA or attorney for professional advice.
Corporations offer personal liability protection, tax savings and increased opportunities for raising capital. Corporations are required to perform certain duties such as holding annual meetings and keeping detailed corporate records (minutes). Limited Liability Companies (LLCs) offer the same personal liability protection as corporations, but with fewer requirements. LLCs also offer great tax flexibility. Members can choose to be taxed as either a traditional corporation or as a "pass-through" entity.
Do I need to file a DBA (assumed name) in Colorado?
Depending on your type of business entity, it may be required or recommended to file a DBA. A DBA (Doing Business As) or assumed name is the legal term for registering your business name. In some jurisdictions it is called a fictitious owner affidavit or fictitious business name. Its purpose is to prevent confusion and fraud in the marketplace. Because real names and addresses are required on the application, creditors and other interested parties can connect a business name to the actual owner of the business by looking up its DBA. Filing a DBA protects the public from fraudulent use of a name by preventing someone from hiding behind a business name. It also protects the registered business from others who might try to impersonate them by doing business under that name. A sole proprietorship is not always required to file for a DBA since an owner can operate under their actual name. However, this may cause difficulties when taxes are calculated because it can be hard to tell when a purchase was for the business and when it was for personal use. For accounting reasons, filing a DBA is recommended. Having a legal DBA name on file also means bank accounts and credit can be opened in that name. Simple partnerships have the same requirements as sole proprietorships and a DBA is not required if the business operates under the partners’ true names. A limited partnership does have to file for a DBA at the Secretary of State’s Office as part of the paperwork necessary to create a limited partnership. Other business structures – C Corp, S Corp, LLC – have name registration built into the formal process of the entity creation. The formal name in these cases will include Inc. or LLC or Corp. as part of the name to identify the type of business to the public. The local government authority (usually at the county level) will accept and register a DBA name. Although the requirements vary by jurisdiction, in general the owner or authorized representative personally fills out a form at the county treasurer's office. Other county departments that accept DBA applications are the County Register of Deeds or the Secretary of State.