Guide to Getting a Missouri LLC

Are you thinking of starting your own business as an LLC? Missouri may be the place to do it. The Show-Me state ranked 13th overall in the nation for the Tax Foundation’s 2022 State Business Tax Climate Index Ranks and Component Tax Ranks.

A limited liability company (LLC) is a business structure that gives business owners the liability protection of a corporation without a corporation’s double taxation and rigid requirements. Owners of an LLC, who are called “members,” normally have their personal assets protected from the liabilities and debts of the business. Unlike a corporation, though, LLC profits usually aren’t taxed at the business level before being distributed to the owners.

LLCs are also intended to be easier to set up and run than a corporation. Still, starting an LLC in Missouri requires you to follow certain steps and meet various requirements. Understandably, that can be intimidating, especially if you’ve never started a business before.

How to Start an LLC in Missouri

LLC requirements vary state by state, so it’s important that you are well-versed in Missouri laws before proceeding. Generally, it comes down to these six steps:

1. Name your Missouri LLC
2. Appoint a registered agent in Missouri
3. File Missouri Articles of Organization
4. Create an operating agreement
5. Apply for an EIN
6. Get the licenses and permits your business needs

But don’t let some red tape stop you from launching your dream business. After all, as Missouri native Mark Twain said, “The secret of getting ahead is getting started. The secret of getting started is breaking your complex overwhelming tasks into small manageable tasks, and starting on the first one.”

And so, we’ve taken Mr. Twain’s advice and broken down the process of how to start an LLC in Missouri into six basic steps. As we walk you through these, we’ll also tell you how our business formation services can make the whole process easier and help you start, run, and grow your business.

Please note that the following guidelines are for starting a domestic LLC, which is one started within the state you’re residing in. A foreign LLC is one that originated in a different state. To register a foreign LLC in Missouri, you would follow a different process.

Okay, let’s show you how to create an LLC in Missouri.

Step 1: Name your Missouri LLC

Give your Missouri limited liability company a name. Brainstorming names is one of the more fun parts of running a business. Still, keep in mind there are rules you’ll need to follow. If the Missouri Secretary of State rejects your name, you’ll have to start the whole filing process over.

Follow Missouri LLC naming guidelines

Missouri law requires you to follow these rules when naming your LLC:

• The name must be distinguishable from any other domestic or foreign business entity already registered in Missouri.
• The name must contain a “designator” indicating that it’s an LLC. You can use “Limited Company,” “Limited Liability Company,” or one of the following abbreviations: “LC,” “L.C.,” “LLC,” or “L.L.C.”
• You can’t use words that imply that your LLC is a different business entity type, such as “corporation,” “incorporated,” “limited partnership,” “limited liability partnership,” “limited liability limited partnership,” “Ltd.,” or any abbreviations of these words.
• The name can’t have any words or phrases that imply or indicate the LLC is organized for any purpose other than what is stated in its Missouri LLC Articles of Organization.
• The name can’t imply that the LLC is a governmental agency (for example, using words like “federal,” “state,” “police,” etc.)

Finding a Unique Name

So, how do you know if the name you want hasn’t already been claimed by someone else? You can conduct a Missouri business search to find out if your desired business name is available. We’ve created a step-by-step Missouri name search guide to make things easier.

If you’ve decided on a name but aren’t ready to register your LLC in Missouri, you can reserve it with the state for 60 days by completing an Application for Reservation of Name and paying a filing fee.

Check for trademarks

Although the Secretary of State may accept your LLC name, that doesn’t mean it’s available to use. Business names can be trademarked at the federal and state levels. Check with the United States Patent and Trademark Office website to see if anything similar is already trademarked at the federal level.

State trademarks apply only within the state, but they’re easier and less expensive to get than federal trademarks. To check to see if your name has been trademarked in Missouri or apply for a state trademark of your own, contact the Missouri Secretary of State office at (866) 223-6535.

It’s also a good idea to do some independent research to see if anyone else has laid claim to the name you want. You can conduct internet searches or even consult a trademark attorney.

Is your Missouri LLC name available as a web domain?

Securing a domain name that matches or closely resembles your Missouri LLC’s name is crucial for online presence, even if you’re not selling directly online. A memorable URL is essential for branding and will be displayed on your business cards and marketing materials. If an exact match isn’t available, consider similar alternatives or even select a business name based on available domain names.

You can also check to see what social media handles are available. Many businesses market on platforms like Instagram, Facebook, and Pinterest, so getting the appropriate social media names can be important for effective online marketing.

We have a domain name service to help you find and purchase a domain name for your business. We can also help you create a business website and provide domain name privacy.

Registering a Fictitious Name

If your company will be doing business under a name that’s different from its legal name, Missouri law also requires you to complete a Fictitious Name Registration with the Secretary of State and pay a small filing fee. It’s also known as “doing business as” (DBA) registration in many states.

This form allows you to market your business under a name other than its official legal name. You can file online or by mail, and the registration must be renewed every five years. Take a look at our Missouri DBA page for more information and how we can help you with this process.

Step 2: Appoint a registered agent in Missouri

Name a registered agent for your LLC. The state needs you to name an individual or business entity that’s responsible for receiving service of process and other important legal notices in person. This person or business is called a registered agent.

Missouri requires you to have a registered agent at all times, as well as a registered office where the agent can be found. The registered office must be a physical street address in Missouri, not a P.O. box or something similar. The registered office does not have to be your business address.

Who can be my registered agent?

Missouri law states that the agent may be either an individual who’s a resident of Missouri with a business office identical to the entity’s registered office, or it may be a corporation authorized to transact business in Missouri with a business office identical to the entity’s registered office.

Your Missouri registered agent must be available to accept legal notices in person at the registered office during normal business hours.

The state also expects you to keep your agent information current. If your agent or registered office changes, you’ll need to file a statement of change of the registered agent. You also need to get the new agent’s written consent and submit it along with this statement.

Benefits of Using Registered Agent Services

Some business owners assume that the easiest way to meet the registered agent requirement is to appoint themselves as the agent. But this could have some unintended consequences, which is why many use a registered agent service like ours. Some of the benefits include:

• Discreet receipt of legal notices (as opposed to being served a lawsuit in front of a client)
• Ability to move your office location without having to update your agent address with the state
• Freedom to leave the office, as the agent must be present at the office during all normal business hours

You’ll need to include your agent information in your paperwork when you file your LLC with the state. Missouri also allows you to change your agent at any time if necessary.

What if a process server can’t find my Missouri registered agent?

Some business owners think that serving as their own registered agent is the simplest way to meet Missouri’s agent requirement. But consider what could happen if a process server is unable to find you or your appointed agent.

This can occur if you aren’t in the office (for example, out of town, on vacation, sick, etc.) when someone needs to reach the agent. It can also happen if you move and forget to update your paperwork with the state.

In addition to legal penalties for being out of compliance, failing to maintain an agent could mean that a process server can’t find you to notify you of a lawsuit. In that scenario, a court case against you could actually go forward without your knowledge, meaning you wouldn’t even have a chance to defend yourself.

Step 3: File Missouri Articles of Organization

File Articles of Organization with the Missouri Secretary of State. Once the state approves your Missouri LLC online filing and you pay the required filing fee, your LLC will be official.

To file your Missouri Articles of Organization online, you’ll first need to create an account on the Business Registration Online Portal on the Missouri Secretary of State website. To file by mail or in person, send or deliver your documents to the Missouri Secretary of State’s Office at the following address:

To complete your Articles, you’ll need the following information (be aware that the information you provide becomes public record):

• Company name
• Company purpose(s). You can either list a specific purpose here or just put something to the effect of “to transact any or all lawful business for which a limited liability company may be organized under the laws of the State of Missouri.”
• Registered agent name and address (no P.O. boxes)
• Whether the LLC will be managed by its members or managers
• The LLC’s duration if you don’t intend it to be perpetual. This could be a set date or a specific event that triggers the LLC’s dissolution.
• Names and street addresses of all organizers
• Name and address to return the filed document
• The effective date of the LLC. If you don’t want the LLC to be created at the time of the filing, you can set a future date for the filing to take effect, up to 90 days from the time the Articles are filed.
• Signatures of all the LLC organizers

The Articles form also asks if you want to form a Series LLC. In a Series LLC, a “parent” LLC serves as an umbrella LLC over multiple separate entities, which are shielded from each other’s liabilities. This option is available only in certain states, and Missouri is one of them.

You can read more about this type of LLC on our Series LLC page. However, ZenBusiness doesn’t assist with Series LLC formation at this time.

Member-Managed or Manager-Managed?

Missouri’s Articles of Organization form has a line that reads, “The management of the limited liability company is vested in…” and asks you to choose “managers” or “members.” They’re asking you how you want your LLC to be governed, by the members/owners (member-managed) or by a manager (manager-managed).

Most LLCs choose to be managed by the members because they only have a few owners or just one. In those cases, it usually makes sense for the LLC owner(s) to do member-management because they’re running the business themselves. All members are sharing in running the business and making decisions for it.

But some LLCs prefer to appoint or hire a manager instead. In the manager-managed option, one or more LLC members can be appointed to make management decisions, or someone from outside the LLC can be hired to manage the company.

Manager-management can be helpful when some of the members want only to be investors in the company as opposed to running the business and making daily decisions about it. LLCs with a lot of members also sometimes find it easier to have a manager because it’s difficult to get all the members together to make decisions on a regular basis.

Maintain your Missouri Articles of Organization information

You only need to file your Articles of Organization once. However, if certain information in the Articles changes, such as contact information or the name and address of your registered agent, you’ll need to update your information with the state by filing Missouri Articles of Amendment and paying a filing fee.

If you do need to file an amendment, we have an amendment filing service that can handle it for you as well as our Worry-Free Compliance service, which includes two amendment filings every year.

Why would I delay my Missouri LLC filing date?

Some entrepreneurs, especially if it’s near the end of the calendar year, will delay their LLC filing date to January 1 of the coming year. This way, they can avoid the hassle and cost of having to pay taxes on an LLC in the current year. This is especially true if the future LLC owners don’t need to establish the company right away.

Ordinarily, the effective filing date would be the day the Missouri Secretary of State approves your filing. But you also have the option to tell the state that you want your effective date to be at a later time. You can choose to have your LLC’s effective date be up to 90 days past the date you submit the filing.

This is something else we can help you with. When you form your LLC in Missouri with us, we give you the option of paying an extra fee to have your LLC’s effective date delayed. (This service is only offered from October to January.)

Step 4: Create an operating agreement

Make an LLC operating agreement. Missouri requires all LLCs to have an operating agreement. This agreement is an internal business document that details how the business will run and much more. Though required, the document doesn’t have to be filed with the Secretary of State or any other governmental agency.

What do I include in the operating agreement?

A good Missouri operating agreement may include:

• How much ownership of the LLC each member has
• Conduct rules and regulations for the company
• How the LLC will be managed
• Rights, powers, and duties of employees, members, and managers
• Voting structure for business decisions
• Profit allocations among members
• Procedures for admitting or removing members
• Procedures for dissolving the LLC and dividing its assets

The agreement may also include the appointment of a manager or managers and details on the scope of their authority.

Understanding the Missouri Limited Liability Company Act’s Impact on Your Business

If you don’t write an operating agreement of your own, then by default, your business will be governed by the exact terms set out in Missouri’s LLC statutes. These terms aren’t always ideal for some LLCs. For example, the act dictates how property can transfer to and from the LLC and its members. Your LLC might need different terms. The same applies for voting at member meetings and much more.

If you’re unsure as to how to go about creating an operating agreement for your Missouri LLC, then check out our guide. Make note that, if you decide to form your LLC with ZenBusiness, all our plans include a customizable operating agreement template to save you time researching and crafting the agreement yourself.

Step 5: Apply for an EIN

Apply for an IRS Employer Identification Number (EIN). To pay your federal taxes, you’ll likely need to apply to the Internal Revenue Service (IRS) for an EIN, also known as a federal tax identification number. Think of it as a Social Security number for your LLC. It helps the IRS identify your business, and banks usually require it to open a business bank account.

You can get your EIN through the IRS website, by mail, or by fax, but if you’re unfond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.

Register to pay Missouri taxes

Once you have your EIN, you’ll need to register your business with the Missouri Department of Revenue and, if you have employees, the Missouri Department of Labor and Industrial Relations, Division of Employment Security. You can register online for the following:

• Sales tax
• Vendor’s use tax
• Consumer’s use tax
• Withholding tax
• Unemployment tax
• Tire and lead acid battery fee
• Corporate income tax (if you plan to have your LLC taxed as a corporation)

After you’ve finished the online registration, you’ll receive a confirmation number and additional information about your registration. Processing usually takes two to three days. Keep the confirmation number for your records. For more information, contact the Missouri Department of Revenue.

Can filing as an S corp lower my taxes?

The LLC business structure gives you more flexibility than a corporation. That extends to how you can choose to have your LLC taxed.

By default, an LLC has pass-through taxation. This appeals to most owners of LLCs because it avoids “double taxation,” in which a corporation pays taxes at both the business level and again when the income is distributed to the individual owners. But some LLCs opt to be taxed as a C corporation or an S corporation because, in their case, it works to their advantage.

Being taxed as a C corporation does mean you get double taxation, but, for certain LLCs, the pros can sometimes outweigh the cons. One benefit is that C corporations have the widest range of tax deductions, which could be an advantage in some scenarios, especially for more profitable LLCs. For example, some employee benefits can be written off as a business expense.

S corp is short for “Subchapter S Corporation” and is a tax status geared toward small businesses. Having your LLC taxed as an S corp has pass-through taxation like a standard LLC, but there’s another potential advantage for some LLCs: It could reduce your self-employment taxes. 

Self-employment taxes are the portion of your taxes that pay for Social Security and Medicare. In a typical LLC, you would pay these on all of your profits.

But filing as an S corp allows you to be an “employee-owner” and split your income into your salary and your share of the company’s profits. That way, you pay employment taxes on your salary, but not self-employment taxes on your profits. (You’ll still pay the other applicable taxes on your LLC profits, of course.)

The drawback is that the Internal Revenue Service scrutinizes S corps more closely, meaning you’re more likely to get audited. S corps also have more restrictions for qualifying.

While it’s possible that one of the above options could work better for your LLC, remember that business taxes are very complex and specific to your situation. That’s why you truly need to consult a tax professional to see which taxing method works best for your Missouri business.

If you decide to form your LLC with an S corp status, our S corp service can help you do that.

For Employers

If you plan to hire employees, you’ll need to report all new hires to the Missouri Department of Social Services within 20 days of the hire date. You’ll also be responsible for withholding employee taxes, providing workers’ compensation insurance, and registering with the Missouri  Department of  Labor and  Industrial  Relations – Division of Employment Security for unemployment insurance tax.

Step 6: Get the licenses and permits your business needs

There’s a very good chance that your Missouri LLC will need at least one license or permit. But it’s not quite as simple as saying, “File this form with the Missouri Secretary of State.” For this step, you’ll need to dig in and do some research.

For starters, some LLCs need to get federal licenses. For example, suppose you’re going to start an Augusta vineyard and winery with Missouri’s best Norton grapes. In that case, you’d need to get a license from the Alcohol and Tobacco Tax and Trade Bureau since you’d be manufacturing and selling alcohol. Meanwhile, aviation businesses would need to get a license from the Federal Aviation Administration. If your LLC involves a heavily regulated activity, there’s a good chance you’ll need a federal license, but it’s your responsibility to research and know for sure. 

Next, you’ll have to check state-level licenses. Unlike some states, Missouri doesn’t have a statewide general business license that all state companies need. But there are other statewide requirements, including getting a sales tax license from the Department of Revenue. You could also be required to obtain alcohol or tobacco licenses from the state if you’re involved in those types of sales. 

You may also need to get local licenses from your city or county. This is often where a general business license requirement can appear; many Missouri cities or counties require one. For example, Springfield, Kansas City, and St. Peters all require a general business license. Meanwhile, businesses in Boone County need a merchant’s license if they’re selling merchandise in the county. Your city and county (and maybe both) could have their own requirements. 

You may also need to get zoning permits for your location. Similarly, if you’re working out of your home, you may be required to get a home occupation permit. Ultimately, it’s your responsibility to research your local requirements.

Last but not least, you’ll need to research licenses related to your industry or profession. Missouri’s Division of Professional Registration has 41 different licensing boards and committees, all entrusted with overseeing the state’s licensed professionals. These industries include anesthesiologists, dentists, barbers, interpreters, and more.

Long story short: you’ll need to do plenty of research to ensure you get all of the licenses that apply to your unique business — your unique industry, services, and business location. 

If that sounds overwhelming, don’t panic. Our business license report can reduce that research workload for you. Just answer a few simple questions about your business, and our partners at Avalara will create a customized report showing exactly which licenses and permits you need, including filing instructions.

What to Do After Setting Up Your Missouri LLC

Just because you’ve set up your LLC doesn’t mean that your work is done. There are other steps to complete to help ensure that your business stays compliant and operates smoothly in Missouri.

1. Setting Up a Business Bank Account

Once you’ve secured your Federal Employer Identification Number, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid mixing your personal assets with business assets. Having a business bank account may also allow you to get a business credit card.

To help new business owners, we offer a bank account through our partners. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.

Finally, if you need further help managing your new business’s finances, try ZenBusiness Money Pro. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.

2. Establishing an Accounting System

Setting up a robust accounting system is crucial for tracking finances, managing taxes, and maintaining clear financial records. Depending on your goals and needs, you might just use a simple spreadsheet, our Money Pro app, or accounting software, or you might consider hiring a professional to manage it for you. Ultimately, the important thing is that you have a system in place to track your business finances.

3. Maintaining Ongoing Compliance

Stay informed about ongoing legal requirements, including renewing business licenses. Regular compliance helps avoid penalties and maintains your LLC’s good standing.

It’s also a good idea to consult with a state tax professional or a business attorney (on a somewhat regular basis) to get updates about tax updates and policy changes.

How much does it cost to file an LLC in Missouri?

Starting a business in Missouri entails a wide variety of different expenses. While no two businesses will have the exact same start-up costs, here are some of the most common expenses you should budget for. 

• Filing Fee for Articles of Organization: $50 for online filing, $105 for paper filing
• Registered Agent Service Fee: varies, but usually between $100-$300
• Name Reservation Fee: $25 (optional)
• Professional Legal Consultations and Accounting Services: vary based on the provider

Granted, this list isn’t exhaustive; there are other costs you might encounter. But this can give you an idea of what to expect. Also, prices change over time, so see the most recent fee schedule on the Secretary of State website.

Choosing a Business Structure in Missouri

A Missouri LLC is a popular choice for small business owners, but it’s not quite right for everyone. Let’s walk through what a business structure is, and the types of alternative structures you can consider.

What is a business structure? 

“Business structure” is a phrase used to refer to the way a business is organized. It’s like a business’s format or layout, describing who the owners are, who manages the business, and who gets the profits (and how they get them). Some business structures, like a sole proprietorship or partnership, are more informal. Others are more regimented and governed by detailed state statutes, such as LLCs or corporations. 

In Missouri, the following types of businesses are registered business structures: 

• Business corporations and nonprofit corporations
• Limited liability companies
• Limited partnerships, Limited liability partnerships, Limited liability limited partnerships

Let’s explore the nuances of these LLC alternatives.

Sole Proprietorship

A sole proprietorship is the simplest business structure, with minimal paperwork; often, a DBA registration and tax registrations are the main requirements. In this business structure, the owner maintains full control over the business. However, it offers no personal liability protection to the owner. 

Partnerships

Partnerships are much like sole proprietorships, but they are owned by two or more individuals. In a general partnership (the simplest partnership), both partners share profits, responsibilities, and liabilities. If one partner defaults on a loan or gets sued, all partners can be held liable, and their personal assets can be seized.

Corporations

A corporation is a registered business entity that offers personal liability protection to all its owners (called shareholders). It is governed by a board of directors, and it can raise funds by selling shares of stock. 

Compared to an LLC, a corporation has more involved compliance requirements, such as adhering to bylaws, holding regular shareholder meetings and a board meeting, and more.

Related posts:

• Learn How to Form a Missouri Nonprofit Corporation
• Start a Missouri Corporation
• Form a Series LLC in Missouri
• Get Business Licenses and Permits in Missouri

If you follow all the steps above, you should be the proud owner of a new LLC! But there’s still more to know than just how to start an LLC in Missouri. You need to know about things like hiring employees, getting business licenses and permits, getting additional financing if you need it, and staying in compliance with the government.

We offer many business formation services beyond just helping you form your LLC. Our business experts can also give you long-term business support to help run and grow your company. 

So, if dealing with the red tape of starting a business feels like navigating summer road construction, we can turn it into a peaceful innertube float down the Black River. Let us take care of LLC formation, compliance, and more. That way, you can get back to running your dream business, whether it’s a T-shirt printing business in Joplin or a fried ravioli food truck in St. Louis.