Your first consideration when choosing a name for your LLC is that it be unique from any other business in the state of Oklahoma. You can quickly and easily do a name check on the Oklahoma Secretary of State website business name database to verify the business name you want is available. For a $10 fee, you can reserve a name for 60 days by filing an Application for Reservation of Name either online at the Oklahoma Secretary of State Entity Filing webpage or by mail.
In order to comply with Oklahoma state law, your company’s name must end with the term “Limited Liability Company” or one of these abbreviated forms: “Limited Company,” “L.L.C.,” or “L.C.”; you can also abbreviate “Limited” as “Ltd.” and “Company” as “Co.” You must avoid any wording in your business name that suggests that it was organized for a different purpose than what is stated in the articles of organization.
The state of Oklahoma 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. This entity does not have to be an individual person. The registered agent can be any resident of the state of Oklahoma or a business entity authorized to do business in Oklahoma so long as the agent has a physical street address within the state.
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 toward ensuring your company’s success.
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 Oklahoma Tax Commission (OTC). 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 as well as whether you have employees. Generally, using the Oklahoma Taxpayer Access Point (TAP) will get you properly registered.
If your LLC will be selling a physical product, you’ll need to register for a sellers permit through the Oklahoma Taxpayer Access Point website. This will allow you to collect sales tax on taxable sales. Additionally, if you have employees, you’ll need to register for Unemployment Insurance Tax through the Oklahoma Employment Security Commission and also register for Employee Withholding Tax through the Oklahoma Tax Commission.
If your company is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of Oklahoma, you’ll need to follow all the steps outlined above with a few minor differences.
You will need to file an Application for Registration of a Foreign Limited Liability Company with the Oklahoma Secretary of State online or by mail as well as a Certificate of Existence (also sometimes known as a Certificate of Good Standing) from your LLC’s domestic or home state. The certificate must date back no more than 60 days prior to filing. The filing fee is $300.
Some industries will require you to secure federal, state, and/or local licenses to legally operate in the state of Oklahoma.
For federal licenses and permits, the U.S. Small Business Administration has a helpful page you can check to see if your business activity requires federal licenses or permits. At the state level, Oklahoma has a page on licensing and permitting you can check.
Do some careful research to find out what licenses and permits you need or hire a professional service to do it for you.