Form a Limited Liability Company in Missouri

How to Form a Missouri LLC in 10 Steps

A Limited Liability Company (LLC) is a common business structure that allows one or more persons to own a portion of a company. Profits earned by the LLC are passed through to its members, and the LLC does not file a separate tax return the way a corporation does. An LLC also reduces the owner(s) exposure to liability from company activities.

Forming a Limited Liability Company is a straightforward process, but there are several steps you'll want to follow.

1. Choose Your Company Name.

Your business name for your LLC must be uniquely your own. No other business can have the right to use your name. And at the very least, you need a name that is available in your state — according to the State of Missouri LLC databases.

You can run a name search on your own, or SunDoc can also easily run your name search or reserve your LLC name for you. This service charges a reasonable fee.

Also keep in mind remember that it’s smart to make sure there are no registered trademarks on the name that you choose for your LLC.

2. Understand the LLC Organizer Requirement.

Below in step 6, you will learn more about the Articles of Organization for your Missouri LLC. This is a one-page form, and on it, you must name someone you have chosen for your LLC organizer position.

Anyone can be organizer of your LLC in Missouri. It’s not required that your organizer be a member or manager.

You can name your own organizer if you prepare and upload the Articles of Organization form on your own. by preparing on-line with us, SunDoc Filings will be your organizer.

3. Designate a Registered Agent.

Choose a registered agent, which may be a firm or an individual. You’ll need to list your registered agent on your Articles of Organization form. Our article, Registered Agent Service, explains more about this role and why it is important.

4. Decide Your Ownership and Management Structure.

The Articles of Organization form asks whether your Missouri LLC will be managed by one manager, multiple managers, or all the members. You must decide whether you want to be a member-managed or a manager-managed LLC.

5. Create an Operating Agreement.

Missouri does not require an LLC to have an Operating Agreement, an implied operating agreement is formed according to the default conditions specified in the law. However, you should determine if the default conditions are in your best interest.

If your LLC will be manager-managed, you must create an Operating Agreement for your company records. Current Missouri law says that a manager-managed LLC is only valid when you declare it in both the Articles and Operating Agreement.

The Operating Agreement is the legal engine that drives your business, creating its governance, managing its working capital, and paying out its profits. Critical matters of money, voting, liability, and fiduciary constraints are at stake here.  You may also wish to consult an attorney for advice.

6. File the Articles of Organization.

At this point, in the State of Missouri, you’ll be required to file a form called the Articles of Organization. This is a one-page document that provides details about your company to Missouri State. Once the Missouri Secretary of State accepts your Articles of Organization, your LLC will be officially formed.

You need to have numerous facts and documents to file your Articles. First, you will need a name and address for your company. You also must know your who your LLC organizer is, your chosen management method, and who your registered agent will be.

If you would like to have a filing service handle your paperwork or if filing yourself is an issue for some reason, SunDoc can certainly file your Articles of Organization on your behalf. By using our services, your filing and the formation of your LLC will take approximately 2-5 business days.

7. Obtain an EIN and Open a Business Bank Account.

This step is fairly straightforward, and SunDoc can help. 

You need to have an Employer Identification number, also known as an EIN, and it will come from the IRS. SunDoc can file for you with the IRS, or you yourself can file with the IRS. The choice is yours. Remember that you need this document even if you do not have employees. It is required for all Missouri LLCs with over one member. 

With your EIN, you can now open a business account, which is recommended. You don’t want to use personal funds for business expenses, and if you do, always keep receipts so that you can be reimbursed. At this time, you may also want to consult with a lawyer if you have financial questions about the operation of your business.

8. Pay Missouri State Taxes.

All LLCs in Missouri need to pay an annual tax just to operate and run their businesses in the state. The tax has to be paid starting your first year of LLC operation, and remember that this is not part of your income taxes.

Sales tax also needs to be collected if you plan on selling goods in the State of Missouri. Check out the State of Missouri’s tax web site for more information.

9. Determine Necessary Licenses and Permits.

It is probable that you will need to possess one or several business licenses or permits in order to have your business in your particular community (city and county) in Missouri. It’s best not to assume that you are exempt from these requirements. In many cases, if you do not have the appropriate permits or licenses, you will be heavily fined.

10. File an Annual Report.

LLCs currently do file initial or annual reports in the State of Missouri.