If you are planning to start a business and wondering how to form a Nevada LLC, then this article may help you.
Nowadays, an LLC is one of the most popular business structures since it provides legal protection and gives great opportunities for its regulation. However, to start successfully, you must be aware of the required forms and fees.
In this article, we will cover the LLC formation process, focusing on the basic steps that will make launching an LLC in Nevada quick and smooth. Just follow this guide, and your limited liability company in Nevada will be formed according to the law.
A successful LLC name is the key element of your Nevada LLC success and the basis of your future brand. It should be creative, memorable, and, of course, legal. The requirements that Nevada applies to companies are as follows:
One of the common reasons for rejecting an application to set up an LLC is the lack of uniqueness of the LLC name. The law says that only distinguishable names, that are visually different from those in the Secretary of State’s records, may be used.
You can easily avoid problems with matching the name you want with already registered ones. All you need to do is perform a Business Entity Search. If it shows that the name is free, you can enter it in the Articles of Organization and move on to registration. However, if the name is already in use by an existing LLC business in Nevada, you will need to come up with an alternative or make significant changes.
After approval of the Articles of Organization, starting your LLC becomes official, giving your company exclusive rights to its name. However, if you are not ready to make an LLC yet, but want to retain the name you choose, filing a name reservation will be a good idea.
The cost to reserve an LLC name in Nevada is $25 for a 90-day period.
If you prefer hard copies, you can submit your documents by mail. Remember to include a Customer Order Form that allows you to order an expedited service along with your application. Additionally, if you pay by credit card, you must include an ePayment Checklist.
Send your completed paperwork to:
202 North Carson Street Carson City,
The Secretary of State’s office usually processes documents within 8 business days.
For those who prefer the online filing option, the LLC name reservation application can be submitted via email to:
You can also send your documents by fax to:
According to NRS 86.231, one of the most important LLC requirements is to have a registered agent. This requirement is the same for all LLCs which operate in Nevada, either domestic or foreign.
The duties of a Nevada LLC registered agent are covered by NRS 77.400, saying that the registered agent is responsible for obtaining official LLC documents, such as process, notice, or demand.
Note that there is a list of registered agents available on the Secretary of State’s website.
The law allows both individuals and business entities to serve as registered agents.
If you want to hire an individual registered agent, make sure the candidate meets Nevada state’s requirements:
Act as an LLC’s agent may:
Hiring an LLC formation service providing a registered agent for LLC in Nevada ensures perfect documentation. Moreover, it is profitable. When you order an LLC registration through a company like IncFile or Northwest Registered Agent, you will get a free registered agent for one year. Even if you just decide to change your registered agent, a professional Registered Agent Service will be the best option.
The formal LLC formation process begins with the filing of the Articles of Organization. It is an important LLC document with basic information about the company, such as:
This step to start an LLC in Nevada is one of the most expensive. There is an Articles of Organization processing fee of $75, and don’t forget about the initial list of managers or managing members, which will cost you $150. If there are any mistakes in the documents filed by the LLC with the Nevada Secretary of State, the mandatory fee will not be refunded.
You can file LLC online by mail, email, fax, or deliver the documents in person. Keep in mind that you have to also include a Customer Order Form and ePayment Checklist if you pay the mandatory fee by credit card.
If you apply through Silverflume, which is the official Nevada’s online business portal, your application will be processed immediately.
Those who prefer hard copy documents can submit a paper application. The completed form and the Initial List of managers or members should be sent to one of the addresses below:
Regular and expedited filings:
Secretary of State
New Filings Division
202 North Carson Street
Carson City NV 89701-4201
Expedited filings only:
Secretary of State – Las Vegas
North Las Vegas City Hall
2250 North Las Vegas Blvd, 4th Floor
North Las Vegas, NV 89030
The completed form, ePayment Checklist, and Initial List of managers or members can be faxed to:
Nevada also allows you to send the Articles of Organization and Initial List of managers or members by email to the address:
The processing time for all shipping methods other than online submission is 8 business days. However, you can choose the expedited processing options:
The Operating Agreement is an internal document that answers the question: “What if?”. It governs the day-to-day operation of the company, establishing its basic procedures and policies.
Although an LLC Operating Agreement is optional for an LLC registration in Nevada, it is highly desirable. The functions it performs are the following:
There are two main ways to get an Operating Agreement:
There is no need to register the Operating Agreement with any government agency.
For doing business in Nevada, most LLCs must apply for an EIN from the IRS.
The EIN, or Employer Identification Number, is a unique 9-digit code that the IRS assigns to companies for quick identification. It is necessary for such purposes as:
By default, LLCs are pass-through entities, and this means that they do not file corporate tax returns at the federal level. Instead, members are responsible for filing individual returns, which show the profits generated by the business as well as expenses.
Nevertheless, there are a number of circumstances in which an LLC is required to pay a federal tax and, accordingly, receive an EIN:
You can apply for an EIN online, using the EIN Assistant, by mail, or by fax.
You can file online, which is the fastest method of registration. You will be able to start using your EIN as soon as you fill out the form. However, you should apply on a weekday between 7 a. m. and 10 p. m. EST, and you have to have a valid individual taxpayer number, like a Social Security Number.
You can fax the completed Form SS-4 to a number:
If you choose this filing method, the processing time will take 4 business days.
If you are not in a hurry, you can use the postal service and mail the Form SS-4 to the address:
Internal Revenue Service Operation
Attn: EIN Operation
Cincinnati, OH 45999
The documents delivered by mail are processed in about 4 weeks.
One of the most important benefits of an LLC is the ability to protect the owners’ personal assets from the claims of creditors. The principle of limited liability ensures that, in the event of a lawsuit, the claims will be limited to the company’s assets. Creditors will not be able to claim LLC members’ homes, cars, money, and other property, regardless of the company’s financial status. However, this protection applies only if personal and business finances are strictly separated. Therefore, when preparing to conduct business in Nevada, you need to take care of a separate bank account for your business.
To open a bank account for Nevada LLC, you need to visit the local branch of the bank and provide the following documents:
To keep your Nevada LLC running smoothly and in good standing with the state, you must comply with the current requirements mandatory for domestic and foreign businesses. They include Nevada business licenses and permits, taxes, and reporting.
Consider that each state, city, and county may have its own specifics. Therefore, before you start doing business in Nevada, check your LLC requirements or consult with a professional.
Although a business is considered officially open after its registration, most LLCs need to obtain a license or permit before doing business in Nevada.
First, all Nevada LLCs must file for a Business License by submitting an application to the Articles of Organization. There is a mandatory fee of $200. The license must be renewed annually by filing the renewal form with the annual report.
You also may need additional licenses, the type and number of which depend on the nature and location of the business.
If you are not sure what kind of license you need, check out the state’s Guide to Starting and Growing a Business. There, you can find detailed information about occupation-based licenses and the requirements of particular counties.
When creating a company, you should submit an Initial List of managers and members by choosing one of the methods below:
The Initial/Annual List costs $150, but you will need $200 extra because when you file Annual Reports, it also renews your Business License.
You have to submit the updated Annual List every year by the end of the anniversary month. If you miss the Annual List deadline, LLC will be subject to a $75 fine, and if you fail to renew your Business License, you will be charged a $100 fine.
If you want to launch an LLC easily and quickly, then you can entrust to the online service to handle LLC formation. The modern Internet market offers many options, so you can find the company that meets your business goals and budget.
If you have not yet decided on the best LLC service for Nevada LLC, consider hiring ZenBusiness. It will not only professionally form your business but also provide a registered agent for one year free of charge, which is definitely a great deal.
A restricted limited liability company (or a restricted LLC) refers to a special type of an LLC in Nevada, which is created for such purposes as estate planning, gifting property from one family member to another, etc. This type of LLC, by its charter, cannot make any payments to its members for ten years after its registration, which may seem to be a disadvantage of this type of entity. In addition, according to Nevada law, a restricted LLC is limited in the amount it can distribute.
When it comes to the advantages of setting up such a company, it is worth considering taxation. The assets of a restricted LLC cannot be liquidated, so they will not be taxed.