Forming a Utah limited liability company
The actual steps you take to form a Utah limited liability company are pretty simple, especially if you utilize one of our options. If you just need some help getting the forms filled out, continue reading the instructions below. If you’d like a bit more information regarding LLCs, like the pros and cons, template operating agreements, as well as samples of these forms, you might find some value in our Utah LLC kit, available for $34.95.
1. Check if the LLC name you want is available
Your first step in setting up an LLC is to check if the name you want to use is even available. To do this, you can use the Utah Department of Commerce Business Entity Search form at:
https://secure.utah.gov/bna/bna
By entering the name you want to use in the search form, you’ll be able to see if there’s another business already using the name that you want. You can’t use a name, by the way, that’s the same or deceptively similar to another existing LLC’s name.
You can reserve a name through the Department of Corporations for $22 by submitting the form found at:
http://corporations.utah.gov/pdf/nmreserv.pdf
2. Download the Articles of Organization form from the Utah Department of Corporations’ web site, then print this form
The URL, or web page address, for this form is as shown below.
http://corporations.utah.gov/pdf/llcdomestic.pdf
To file for a professional limited liability company use the form found at
http://corporations.utah.gov/pdf/llcprofessional.pdf
Note: The Articles of Organization form must either be typed or filled out online. The Utah Department of Corporations will not accept handwritten forms: Simply go to the URL listed above (for either the LLC or PLLC), type the form online, then print and mail.
3. Identify the name you want to use for your new LLC
Once you print out the LLC application form, or locate it online, you’re ready to fill the form out. Enter your business or investment name into top box labeled, “Name of Limited Liability Company.” The name must include one of the phrases or acronyms, “Limited Liability Company,” “Limited Company,” “LLC,” “L.L.C.,” “LC,” or “L.C.” For example, all of the following names should be acceptable:
- Salt Lake Explosives Limited Liability Company
- Salt Lake Explosives Limited Company
- Salt Lake Explosives LLC
- Salt Lake Explosives L.C.
4. Describe the purpose for which you’ll use the new LLC
Enter a brief description of the purpose for which you’ll use the new limited liability company: providing consulting services, investing in real estate, wholesaling mining supplies and so forth.
5. Identify the registered agent
Utah wants to know the name and contact information for a real person within the state of Utah who the state can contact should it have questions or concerns about an LLC’s operation. You can pay someone else to be this registered agent, but it’s really easiest and cheapest to just be your own registered agent.
Accordingly, enter your name, address, signature, and date into the boxes labeled “Registered Agent Name, Signature, and Street Address.”
6. Indicate if any organizers are neither members nor managers
In box 4, indicate if the company does or does not have organizers who are not members or managers of the company. For most companies the answer will be “does not.”
7. Identify organizers who are neither members nor managers of the LLC
If you do have members or managers who are not organizers of the company you must list each person’s name, address, signature, and the date in box 5. If all managers or members are organizers of the company you can skip to step 8.
8. Indicate how your LLC will be managed
LLCs can be managed either by all of their members, or owners, or they can be managed by only one or some of their members, who are in this case called managers or manager-members. To indicate how your LLC will be managed, mark the appropriate checkbox in box labeled “Management:”
Note: If you have multiple members or managers, ideally you’ll want to have an attorney draft an operating agreement. This operating agreement should describe who the manager is or who the managers are if you’re setting up a manager-managed LLC. If you’re a single member LLC, you should still also have an operating agreement because having an operating agreement and honoring its terms improves your liability protection. This kit provides excellent example operating agreements for you to consider when drafting your own.
9. Identify the people forming the LLC
Utah also wants to know the name and contact information and possess the signature of the person or people who manage and own the LLC. To provide this information, enter the names, addresses, and signatures of the managers and members into the boxes labeled, “Names Addresses, of Members/Managers.” Also have each manger or member enter the date next to his or her signature.
10. State the period of duration
The period of duration is the life span of your LLC. Some LLCs are created for a specific purpose and are intended to exist for a specific period of time. You can list a specific number of years (up to 99) or a specific date (mm/dd/yyyy).
11. Provide the principal address
In the last box provide the address of the LLC’s principal address.
12. Optional ownership information
Some opportunities are available to female and/or minority owned businesses. If you choose you may enter that information at the bottom of the form.
Our downloadable kit shows an example, completed Utah state LLC application.
13. Mail in the application
After you complete the application to form a limited liability company, mail the completed form and a check for $70 to:
State of Utah
Department of Commerce
Division of Corporations & Commercial Code
P.O. Box 146705
Salt Lake City, UT 84114-6705
Processing lead times vary, but in general, it takes several weeks to get your LLC certificate back from the Secretary of State’s office.
