How to Create an LLC in Utah

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How to Form an LLC in Utah:
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 Utah, 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 Utah LLC

Your first consideration when choosing a name for your LLC is that it be unique from any other business in the state of Utah. You can quickly and easily do a name check on the Utah Division of Corporations and Commercial Code website business name database to verify that the business name you want is available. For a $22 fee, you can reserve a business name for 120 days by filing an Application for Reservation of Business Name on the Utah Online Business Registration website (you’ll need to set up a user account) or by mail.

In order to comply with Utah state law, your company’s name must contain end with some form of the term “Limited Liability Company.” This can appear as “Limited Company,” “LLC,” or another acceptable abbreviation. If your LLC’s name has the words “University,” “College,” or “Institute,” it must have permission from the Division of Consumer Protection. Also, unless you have written consent of U.S. Olympic Committee, you can’t use the words “Olympic,” “Olympiad,” or “Citius Altius Fortius” (non-Olympic Latin words should be fine, though).

Step 2
Appoint a Registered Agent in Utah

The state of Utah 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 Utah or a business entity authorized to do business in Utah so long as the agent has a physical street address within the state.

Step 3
File Utah Certificate of Organization
To officially create your LLC in the state of Utah, you’ll need to complete the Certificate of Organization paperwork and file it with the Utah Division of Corporations. For a $70 fee, this can be done either online (you’ll need to set up a user account) or by mail or fax. 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 of the company’s registered agent
  3. The name(s) and address(es) of any organizers who are not managers
  4. Name and address of members and/or managers (optional)

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 toward ensuring your company’s success.

Step 5
Apply for an Employer ID Number (EIN)

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 Utah State Tax Commission. 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. Form TC-69, Utah State Business and Tax Registration, can be filed online or by mail.

If your LLC will be selling a physical product, you’ll need to register for a sellers permit through the Utah OneStop Business Registration System 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 Utah Department of Workforce Services and also register for Employee Withholding Tax through the Utah’s Taxpayer Access Point.

Other Considerations
Foreign LLCs and Business Licenses
Foreign LLCs

If your company is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of Utah, you’ll need to follow all the steps outlined above with a few minor differences.

You will need to file a Foreign Registration Statement with the Utah Division of Corporations. You can do this online through the State of Utah's OneStop Business Registration System or by mail.

The filing fee is the same: $70.

Business Licenses

Some industries will require you to secure federal, state, and/or local licenses to legally operate in the state of Utah.

Utah’s Business Licensing & Registration Guide says that all businesses must register with the Utah Department of Commerce and also have a business license from the city or county where they are located.

Utah has a page dedicated to helping you find out what licensing you need on the state level, while this page can help you with federal licensing.

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