How to Create an LLC in Colorado

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How to Form an LLC in Colorado:
5 Simple Steps to Get Started
According to the IRS, each state may use different regulations around forming an LLC, and you should check with your state if you’re interested in starting a Limited Liability Company. To simplify the process of forming an LLC in the state of Colorado, we’ve put together a step-by-step guide to detail each step of the process and answer any questions you may have.

Step 1
Name Your Colorado LLC

Your first consideration when choosing a name for your LLC is that it be unique from any other business in the state of Colorado. You can quickly and easily check your company’s potential name options at the Colorado Secretary of State business name database. For a $25 fee through said Colorado state website, you can also reserve a company name for 120 days. To do so, you’ll need to submit the Statement of Reservation of Name form.

In order to comply with Colorado state law, your company’s name must end with the words “Limited Liability Company” or the abbreviation “LLC.”

Step 2
Appoint a Registered Agent in Colorado

The state of Colorado requires that any LLC have a registered agent for service of process. This means your LLC must have an entity that agrees to physically accept any legal papers on the company’s behalf should it be sued.

The registered agent does not have to be an individual person and can be any resident of the state of Colorado or a business entity authorized to do business in Colorado so long as the agent has a physical street address within the state.

Step 3
File the Colorado Articles of Organization
To officially create your LLC in the state of Colorado, you’ll need to file Articles of Organization with the office of the Secretary of State. This can be done online at the Colorado Secretary of State webpage with a $50 fee. To complete this form you will need to know the following:
  1. The final name and address of your LLC
  2. The name and address associated with the company’s registered agent
  3. The address of the person filing paperwork
  4. Whether the LLC will be member-managed or manager-managed

Step 4
Create an Operating Agreement

You may want to consider preparing an operating agreement to outline the ownership and operating procedures for your LLC.

Though not required by the state, an operating agreement will set the guidelines for running your company. This does not need to be filed with the state, but it can go a long way to ensuring your company’s success.

Step 5
Apply for an EIN and Review Tax Requirements

An IRS Employer Identification Number (EIN) is required of your LLC unless it is a single-member LLC with no employees. Obtaining an EIN is as easy as completing the application on the IRS website.

It’s possible your company will need to register with the Colorado Department of Revenue.

Whether or not your company needs to follow this step will depend on the exact types of taxes it will be collecting and/or has been collecting from the state and if you have employees. You’ll need a seller’s permit if you’re selling a physical product; this will allow you to collect sales tax on taxable sales. Additionally, businesses with employees need to register for Unemployment Insurance Tax and Employee Withholding Taxthrough the State of Colorado’s website.

Other Considerations
Foreign LLCs and Business Licenses
Foreign LLCs

If yours is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of Colorado, you’ll need to follow all the aforementioned steps.

The main difference is that the form required to make your LLC legal to operate is referred to as a Statement of Foreign Entity Authority.

You can file paperwork online at the Colorado Secretary of State web pageor by mail. The filing fee is $100. Once all the other requirements are met, your foreign LLC will be fully operational.

Business Licenses

The location of and specific type of business you are creating can potentially require additional federal, state-authorized, and/or local business licenses. You can obtain federal licensesand perform a Colorado license and permit search to try to procure all the appropriate licensing for your business.

Since business licenses and permits are issued at all levels of government and for many reasons, you should do careful research to find out what licenses and permits you need. You can also hire a professional service to do it for you.

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