United StatesServices Company formationLLC formation

Company formation

LLC formation for US businesses

Articles of Organization, EIN and the operating-agreement baseline — the default US vehicle, prepared end to end.

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What is llc formation?

Articles of Organization, EIN and the operating-agreement baseline — the default US vehicle, prepared end to end.

The LLC is the default vehicle for a US business with one or more owners who want a liability shield without the governance overhead of a corporation. It sits at the state level — there is no federal LLC filing — so the first real decision is which state's Secretary of State (or equivalent, such as Delaware's Division of Corporations) receives the Articles or Certificate of Organization. A business operating where its founder lives typically files in that home state; a business that expects outside investors or wants Delaware's Court of Chancery and body of case law behind it often files in Delaware and then registers as a foreign LLC wherever it actually operates. Neither choice is fixed by law — it is a decision CapEasy lays out with the trade-offs, not one made for the client.

Two shapes of LLC cover almost every founder we work with. A single-member LLC (SMLLC) is the closer of the two: one owner, no partners to negotiate with, and it maps to the same governance instinct as an Indian One Person Company — one person owning the entity outright, without OPC's nominee-director requirement. A multi-member LLC is the other shape, and it maps to India's LLP far more closely than the literal-name US 'LLP' does: multiple owners, pass-through taxation by default, informal governance relative to a corporation. The filing paperwork for both is nearly identical — the same Articles of Organization form, the same registered-agent requirement, the same state fee schedule. What differs is the Operating Agreement.

Who does what

CapEasy prepares and submits the state filing as an unlicensed formation preparer; multi-member agreement terms are finalised by a US attorney.

Who does what

Your CapEasy teamLLC formation, the reconciliations and reporting behind it, and the questions list that keeps it honest.
Your CPA or enrolled agentEverything that carries a licence in United States — rendered exactly as written: issue compilation, review or audit reports — those are restricted to licensed cpa firms.
YouOne conversation with one named person, and the decisions that are genuinely yours.

LLC formation in United States

The Operating Agreement is not filed with the state — but a multi-member one still needs an attorney

Neither a single-member nor a multi-member Operating Agreement is submitted to the Secretary of State — the state only ever sees the Articles or Certificate of Organization. That makes it tempting to skip the Operating Agreement or treat it as an afterthought, but a bank opening a business account and the IRS's disregarded-entity treatment for a single-member LLC both rely on one existing, and a multi-member LLC without one is governed by the state's generic default statute rather than terms the members actually agreed to. CapEasy hands over a single-member Operating Agreement as part of the standard filing packet; for a multi-member LLC, CapEasy preps a first-pass skeleton with the facts the members supply, and a US attorney finalises the ownership, voting, profit-split and exit terms before it's signed.

A foreign responsible party cannot get an EIN through the instant online tool

The IRS's online EIN application requires the responsible party to hold an SSN or ITIN. A founder without either — the typical case for an India-based owner — has to file Form SS-4 by fax or mail instead, writing 'Foreign' in the SSN/ITIN field per IRS instructions. Fax runs roughly 4-7 business days; mail runs 4-6 weeks for the identical form. CapEasy completes and submits the SS-4 by fax as a matter of course for foreign-founder filings, since the mail route adds weeks for no benefit.

A multi-member LLC defaults to partnership taxation unless an election changes it

Absent a separate tax election, a multi-member LLC is taxed by the IRS as a partnership by default: the entity files an informational Form 1065 and issues each member a Schedule K-1 reporting their share of profit or loss, which then flows onto the member's own return. A single-member LLC defaults to disregarded-entity treatment — the IRS treats it as if it doesn't exist for tax purposes, with income reported directly on the owner's return. Electing corporate tax treatment instead is available but is a CPA/EA decision, not something CapEasy advises on as part of the filing.

A Beneficial Ownership Information report may still be required — check enforcement status at filing time

The Corporate Transparency Act requires many newly formed LLCs to file a Beneficial Ownership Information (BOI) report with FinCEN naming the individuals who own or control the entity. FinCEN paused and narrowed BOI enforcement for domestic reporting companies through 2025-26, and the status has shifted more than once — CapEasy checks the current enforcement position at the time a filing goes in rather than assuming last year's rule still holds, and flags the result to the client rather than filing on a stale assumption.

What your CPA or enrolled agent receives from us

  • A filed Articles or Certificate of Organization from the state Secretary of State (or Delaware Division of Corporations), naming the member or manager on record.
  • A registered agent appointed with a physical in-state address, confirmed as accepted by the state at the time of filing.
  • An EIN confirmation letter from the IRS, obtained via the fax-filed Form SS-4 where the responsible party has no SSN/ITIN.
  • For a single-member LLC: a completed, ready-to-sign single-member Operating Agreement.
  • For a multi-member LLC: a first-pass Operating Agreement skeleton built from the members' intake facts, handed to a US attorney for the ownership, voting, profit-split and exit terms.
  • A name-availability search result confirming the chosen LLC name cleared the state's business-name database before filing, avoiding a rejected submission.

Questions worth asking before you start

Who actually does the work — a person or an AI tool?

A named person on our team owns your file and reviews everything that leaves it. Software does a real share of the grinding underneath it — coding, matching, flagging the obvious gaps — but nothing regulated happens without a person’s judgement, and nothing here is signed or filed by an algorithm.

Who can legally file this?

CapEasy prepares and submits the state filing as an unlicensed formation preparer; multi-member agreement terms are finalised by a US attorney.

Which software do you work in?

Whatever you already run. Most commonly QuickBooks, Xero, NetSuite, Sage, Zoho Books and a handful of others — we work inside your system rather than moving you onto one of our own.

How does this actually start?

A short, free read-only look at what you already have, and a written note on what we found. A scoping call decides the size of the engagement — nothing here commits you to anything.

What does it cost?

There is no published price for llc formation — it depends on volume, how many entities are involved, and how far behind the books are. We quote after the read-only review, which is free.

How does this fit with the rest of company formation?

LLC formation sits inside company formation, alongside C-Corp / Delaware incorporation, US subsidiary of an Indian company, DBA / trade name registration. Most clients end up buying the category as a whole rather than one leaf at a time, but starting narrow is fine.

What's the difference between a single-member and multi-member LLC in how CapEasy handles the filing?

The state filing — Articles or Certificate of Organization — is nearly identical for both. The difference is the Operating Agreement: for a single-member LLC we hand over a ready-to-sign boilerplate agreement, since there's no one to negotiate terms with. For a multi-member LLC we prep a first-pass skeleton from the members' facts, and a US attorney finalises the ownership, voting and exit terms before anyone signs.

Do you draft our multi-member Operating Agreement?

We prepare the first-pass skeleton using the ownership, contribution and role facts the members give us. Finalising the substantive terms — ownership percentages, voting rights, profit and loss allocation, and buy-sell/exit provisions — is done by a US attorney, since this is a drafting exercise with real legal weight between people who may later disagree.

Which state should we form our LLC in — home state or Delaware?

It depends on what the business needs. A business that operates only where its founder lives typically files in that home state and avoids the cost of registering as a foreign LLC elsewhere. A business anticipating outside investment sometimes chooses Delaware for its established case law, but then has to foreign-qualify in whatever state it actually operates in. We lay out the trade-off; the choice is the client's.

Why can't we just use the IRS website to get our EIN?

The IRS's instant online EIN tool requires the responsible party to have an SSN or ITIN. Most India-based founders don't. In that case the application goes in on Form SS-4 with 'Foreign' written in the SSN/ITIN field, submitted by fax — roughly 4-7 business days — rather than mail, which runs 4-6 weeks for the same form.

Is a multi-member LLC the same thing as a US LLP?

No, and this is a common mix-up coming from India, where the LLP is the default multi-owner vehicle for any business. The US "LLP" is a narrow structure restricted to licensed professionals — attorneys, CPAs, architects and similar — and requires proof of licensure to file. A multi-member LLC is the general-purpose equivalent open to any business with more than one owner.

How is a multi-member LLC taxed by default?

By default, as a partnership: the LLC files an informational Form 1065 and issues each member a Schedule K-1 reporting their share of the year's profit or loss, which flows onto that member's own tax return. A single-member LLC instead defaults to disregarded-entity treatment, where the IRS ignores the entity for tax purposes and income is reported directly by the owner. Electing corporate tax treatment instead is available but is a decision for a US CPA/EA, not something CapEasy advises on.

Do we still need to file a Beneficial Ownership Information (BOI) report?

It depends on the current enforcement status of the Corporate Transparency Act at the time you file, which has shifted more than once. We check the live position when your filing goes in and tell you plainly whether a report currently applies to your entity, rather than assuming last year's rule still holds.

What does CapEasy actually submit versus what do we sign ourselves?

CapEasy prepares and submits the state Articles or Certificate of Organization and the SS-4 EIN application as an unlicensed formation preparer — the same category of work commercial formation sites sell without being law firms. Anything that requires a licensed professional's signature, like the finalised multi-member Operating Agreement, comes from a US attorney and you sign that directly with them.

What happens if our chosen LLC name is already taken?

We run the name-availability search against the state's business-name database before the Articles of Organization are filed, so a naming conflict gets caught and resolved before it costs a rejected filing and a lost cycle.

Can a single-member LLC later add a second owner and become multi-member?

Yes — admitting a new member to a single-member LLC is a much lighter process than converting an Indian OPC to a private limited company, since there's no company-law conversion procedure involved. It does mean the boilerplate single-member Operating Agreement needs to be replaced with a real multi-member one at that point, with the same attorney-finalised terms any multi-member LLC needs.

Do you handle registered agent appointment?

Yes — every state requires an LLC to name a registered agent with a physical in-state address at the time of filing, and we handle that appointment as part of the formation packet.

Your CapEasy experts

Connect with us

Talk to the people who handle this work every day — no call centre, no hand-offs.

Ayush Joshi

Ayush Joshi

Co-Founder

Ex-OYO and Tenaciousfly. 7+ years in business development, strategic acquisitions, financing and debt syndication.

Aditya Jain

Aditya Jain

Co-Founder

Ex-Bank of America. 4+ years in investment banking, EU & Indian compliances, ESG compliances, and project management.

Manav Raval

Virtual CFO & Tax Specialist

Section 80-IAC, tax planning and startup compliance. Previously at Toyota Motor Corporation and Jaguar Land Rover.

Ayush Faldu

Virtual CFO & Tax Specialist

Financial strategy, budgeting and cash flow — a CFO’s judgement, monthly.

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