Start a Utah LLC
Forming an LLC in Utah
To form an LLC in Utah, you’re required to submit a Certificate of Organization to Utah’s Division of Corporations & Commercial Code and pay the filing fee. After that, steps can vary depending on the needs of your business. For many Utah LLCs, formation includes the following steps:
- Submit Utah LLC Certificate of Organization
- Pay the filing fee: $70 or $145 expedited
- Write an operating agreement
- Obtain an EIN from the IRS
- Apply for licenses
- Open a Utah LLC business bank account
Formation doesn’t have to be a chore—at Utah Commercial Registered Agent LLC, we provide a comprehensive Utah LLC formation package. We’ll submit your formation paperwork and give you everything you need for a ready-in-hand LLC: custom documents, registered agent service, and more!
Why Choose a Utah LLC?
- No Double Taxation: Utah corporations file a Utah Corporation Franchise and Income Tax return, where income is taxed on the entity level. After income is distributed, shareholders also pay taxes on this income on their personal returns. In other words, income is taxed twice. LLCs, however, don’t pay a franchise or corporate income tax.
- Simple Management: LLCs tend to be simpler to organize and operate than corporations. LLCs aren’t required to have directors, officers, or even managers. Corporations also require formalities like annual meetings and meeting minutes that LLCs can take or leave. Fewer formal requirements make it simpler for LLCs to make changes and decisions.
Utah LLC Certificate of Organization
The Certificate of Organization is the document you submit to register and legally create your Utah LLC. LLCs must be registered with the Utah Division of Corporations & Commercial Code.
What to Include in Your Utah Certificate of Organization
The Utah LLC Certificate of Organization requires only essential information about your business, such as your company’s name and registered agent. The submission form also has places to add optional information.
Whether you choose to include the optional information is up to you, but remember that the Utah LLC Certificate of Organization is a public document. Any information you include will be publicly available.
- Name: Your Utah LLC is required to include “Limited Liability Company,” “Limited Company” or an abbreviated form like “LLC.” Your LLC’s name can’t use any designations that could suggest it’s a different business type, such as “Association” or “Corporation.” Check to see if your name is available using Utah’s Business Name Search.
- Principal Office Address: Your LLC’s principal office is your main business office. You should include both a street address and a mailing address if different.
- Registered Agent: Your Utah registered agent accepts service of process and legal notifications on behalf of your LLC. Additionally, Utah’s Division of Corporations & Commercial Code sends all correspondence to the address listed for the registered agent.
- Signature of Organizer: An organizer forms, signs and delivers your Utah LLC Certificate of Organization. Your organizer doesn’t have to include an address and doesn’t have to be a member or manager of your Utah LLC. If you hire us, we’ll be your organizer.
- Names and Addresses of Members/Managers: If you’d like to include the names of members or managers but would like to retain address privacy, you are permitted by Utah’s Government Records Access and Management Act to use the physical address of the LLC instead of a personal address.
- Duration: You can select if your company will be perpetual (meaning it will continue unless dissolved), or you can also choose an end date for your LLC. If you skip this section, your company will be perpetual.
- Purpose: Purpose is the reason why your LLC exists. A general purpose could be “to engage in any lawful business in Utah.”
- Inclusion of Ownership: You can indicate whether or not your Utah LLC is a female or minority-owned business.
How to Submit Your Utah LLC Certificate of Organization
You can submit your Utah LLC Certificate of Organization online, in person, by mail, or by fax.
Online registration can be done with OneStop, Utah’s business registration portal. To register online, you’ll need to create a Utah.gov account, which will require a username, password, name and email address.
With OneStop, you can also register your business with Utah’s Tax Commission, Department of Commerce, and Department of Workforce Services if necessary (for example, if your LLC engages in sales or has employees).
To submit by mail, fax or in person, you can download the Utah LLC Certificate of Organization paper form. Handwritten answers are not accepted, so be sure to fill out your information on the computer before printing. To use a credit card with faxed or mailed submissions, download a Cover Letter form from the Division of Corporations & Commercial Code.
Utah’s Division of Corporations & Commercial Code has both regular and expedited processing.
Regular: 14 business days
Expedited: 1-2 business days
The filing fee is the same for online and paper submissions.
Filing fee: $70
Expedited fee: +$75 ($145 total)
PAYMENT FORMS ACCEPTED
Credit cards accepted include Visa, MasterCard and American Express.
Online: credit card
Fax: credit card
Mail: check, money order or credit card
In person: check, money order or credit card
Our Formation Services
We’re in the business of forming Utah LLCs, and we’ve put together a package that gives you everything you need—with the support you deserve.
We don’t just file your forms and leave you hanging. We give you custom documents to help you organize your LLC and open a business bank account. We provide registered agent service—a requirement for your Certificate of Organization. We remind you about important state deadlines. We’re there for you every step of the way.
What We Provide
- A Full Year of Registered Agent Service
- Immediate Access to Services With Our Secure Online Portal
- Pre-Filled State Forms in Your Account
- Electronic Delivery of Your Documents
- Expert Customer Service Support
- Annual Report Reminders and Compliance Notifications
- Custom Operating Agreement, Initial Resolutions, and Membership Certificates
What We Charge
Utah State Filing Fees
Our Formation Service Fee
1 Year Registered Agent Service
*Includes $5 return fax fee.
FAQs for Utah LLCs
Still have questions? Common questions about registered agents, operating agreements and more are included below.
Why Does My Utah LLC Need a Registered Agent?
Per §48-3a-111 of the Utah Code, LLCs must designate and maintain a registered agent in the state. Utah companies can’t serve as their own registered agent. States require registered agents to ensure there is a reliable channel of communication between the state and your business.
At Utah Commercial Registered Agent LLC, we provide commercial registered agent service. This means we are registered and in good standing with Utah’s Division of Corporations & Commercial Code. This also means we can provide you several key advantages:
- Address Security: The Utah LLC Certificate of Organization is a public document. When you list us as your registered agent, you can avoid listing your own address—protecting you from the junk mail, solicitors and other hassle of a publicly-listed address.
- Convenience: We’re ready and available to accept documents so you can be free to manage your business. We sort and scan documents daily to ensure you get everything you need ASAP.
- Affordability: Our registered agent service is only $49 a year—with renewals at the same low price.
Do I Need an Operating Agreement for my Utah LLC?
A written operating agreement isn’t a legal requirement, but that doesn’t mean it isn’t important. Operating agreements are documents that explain the policies and procedures of your business. They can include key information, such as initial members and contributions, profit and loss allocations, member/manager responsibilities, and voting rights. When critical issues like these are clearly articulated, it can prevent misunderstandings and member disputes.
As part of our formation services package, we include a custom operating agreement to help your Utah LLC organize quickly and smoothly.
Does My Utah LLC Need an EIN?
Your Utah LLC may need an Employer Identification Number (a federal tax ID issued by the IRS) if any of the following situations apply:
- You have employees
- You file Employment, Excise, or Alcohol/Tobacco/Firearms returns
- You withhold taxes on income (other than wages) paid to a non-resident alien
- You have a Keogh plan
- You are involved in a trust, estate, real estate mortgage investment conduit, non-profit organization, farmer co-op, or are a plan administrator
Banks may also request an EIN when you go to open a business bank account.
How do I get an EIN?
You can apply for an EIN at no cost directly form the IRS website. If you’d prefer we apply on your behalf, you can add EIN service to our formation package for $50.
Does My Utah LLC Need a Business License?
Yes—but not from the State of Utah. All Utah LLCs are required to get a local business license from the city or municipality where their principal office is located. You can contact your city or municipality to register (for example, Salt Lake City has licensing information and applications online). You can also register for many local business licenses with Utah’s OneStop portal.
Some occupations, such as architects and psychologists, also require professional licenses. You can check for requirements on the Utah Division of Occupational and Professional Licensing website. For additional licenses and permits your business may need—from building permits to Animal and Plant Health Inspection permits—visit Utah.gov’s Business Services.
What is the Utah Annual Report?
The Utah Annual Report (also called a Renewal Form) renews your business registration in Utah. You can simultaneously submit a free Registration Information Change Form to update the state on any changes to your business.
When is the Utah Annual Report due?
The report is due on the anniversary of your Utah LLC’s formation. For example, if your business was formed on July 16, 2017, your first report is due on July 16, 2018.
How do I submit my annual report?
On the Renewal Process page of the Division of Corporations & Commercial Code website, you can renew your business online or download a paper application to mail or fax.
What is the fee for the Utah Annual Report?
What happens if I submit my Utah Annual Report late?
There is a late fee of $10. LLCs that remain in default may lose all protections and privileges in Utah.
Form Your Utah LLC Today!
At Utah Commercial Registered Agent LLC, we take the complication out of the formation process by providing you expert service and support. Let us help you make your business dreams a reality! Sign up today!