How to Start an LLC in Oklahoma
How to Start an LLC in Oklahoma
LLCs in Oklahoma are affordable and easy to form. And as with other states, the State of Oklahoma has some specific requirements that are unique to the state.
Interested parties must register with the Secretary of State by filing the necessary forms, paying the necessary fees and meeting all naming and formation requirements.
The specifications required of an Oklahoma LLC are:
Registration. Registrants must file Articles of Organization with the Secretary of State. This may be done online or by mail. The document must include pertinent information such as:
- LLC name and principal office address
- Email address of primary contact
- Name and address of registered agent
- Terms of existence (how long the company will remain active—can be perpetual, a set length or time or a expiration date in the future)
- Name and dated signature of the organizer
All documents submitted must be accompanied by the payment for the filing fee.
Forms and fees. LLC registrants are required to file Articles of Organization accompanied by the necessary filing fee. The fee may be paid in check, cashier’s check, money order or credit card. If paying by credit card, there will be a four percent (4%) service charge added. Expedited services for same-day processing are available for a minimal fee.
Timeline. The standard processing time for documents with the Secretary of State is between five to seven business days. For an additional fee, expedited services are available that allow documents to be processed the same day they are filed.
Naming requirements. LLC naming requirements can be confusing. However, the easiest way to ensure that your LLC name will be approved is to make it distinguishable from existing names of corporations, domestic and foreign limited partnerships, domestic or foreign LLCs, trade names or fictitious business names, or reserved corporate, limited partnership or LLC names. The name shall also include specific words required of LLCs.
You may opt to have a preferred name checked for availability before filing your LLC formation documents with the Secretary of State. Names can be reserved for a period of sixty (60) days and by filing a Name Reservation application and paying the fee.
Formation requirements. To form an LLC, a registrant must first file Articles of Organization with the Secretary of State.
An LLC with more than one member is also strongly advised to have a limited liability operating agreement among its members.
Should your LLC offer professional services, you may have to obtain certain licenses and permits from the state’s professional licensing boards.
Starting an LLC in Oklahoma
Before you begin the registration process for an LLC in Oklahoma, it’s important to know what an LLC is and whether or not it is a viable business structure for your company, so be certain to read up on the definition and benefits of an LLC.
These steps will guide you through the LLC registration process with the Oklahoma Secretary of State:
1. Decide on a name for your business. You can choose any name for your LLC as long as it ends with “Limited Liability Company,” “Limited Company” or any variation of its abbreviation—e.g., LLC, L.L.C., LC, L.C. or Ltd. Co.
Names may be reserved for up to 60 days. You must file a name reservation application with the Secretary of State. This may be done by mail or online. All requests must be accompanied by the filing fee.
You may also have a preferred name checked for availability by accessing the Oklahoma Secretary of State website.
2. Assign an agent for service of process. This is also referred to as the resident agent.
3. Get an Employer Identification Number (EIN) from the IRS. If there are two or more members in your LLC, your company will need to obtain an EIN from the IRS, for tax purposes.
4. Create an operating agreement. Although LLCs in Oklahoma are not required to have a limited liability company operating agreement, it is wise to have one in place with other members should your LLC have more than one member. The State of Oklahoma recognizes limited liability company operating agreements as governing documents.
5. Pay the annual business activity tax. LLCs in Oklahoma are required to pay a business activity tax annually. There is flat fee that must be paid to the Oklahoma Tax Commission every year. There is a 10% penalty if the tax is not filed by September 15. This fee may be rolled over to pay for the filing fee of the annual certificate.
6. Familiarize yourself with the LLC’s continuing legal obligations, specifically annual certificates. These are due every year in the anniversary month of the LLC’s formation. Certificates are filed with the Secretary of State either online or by mail. There is a fee that must be paid upon filing. If the LLC has already paid their business activity tax for the year, then they will not be required to pay the filing fee for the annual certificate.
Make sure that your LLC, should it offer professional services, meets Oklahoma state legal requirements.
Additional continuing legal obligations may vary with each state. These could be, but are not limited to, state taxes, annual or biennial reports and so on.
Filing an LLC and Taxes
Following are the forms and fees that are required when starting an LLC in Oklahoma:
1. Forms. Complete and submit Articles of Organization to the Secretary of State. All documents submitted must be accompanied with the payment for the necessary filing fee.
2. Limited liability company operating agreement. Although the LLC operating agreement will not be submitted to the Secretary of State, it is a good idea to have one in place for LLCs with more than one member. This document should be kept on file by the registered agent.
3. Taxes. LLCs in Oklahoma are treated as corporations, limited liability partnerships or single-member LLCs and are subject to federal income tax classifications. Depending on the type of taxation you opt to have for your LLC, you will have different federal tax responsibilities.
You should always make sure to acquaint yourself with the state laws regarding taxation. Your LLC may be subject to other taxes depending on the kind of services it offers.
LegalZoom provides LLC formation and filing services, including providing a registered agent in Oklahoma.