Sutton Law Center

How to Incorporate in Nevada

incorporate in nevada

The ideal first step in forming an LLC incorporate in nevada is to hire experienced Reno corporate services attorneys to assist you. The rest of the process unfolds as follows:

1. Select a Name

The name of your LLC must be distinguishable from other business entities on file with the Nevada Secretary of State, and you can check if the one that you want is taken by using the Nevada Secretary of State’s business name database. By law, the name of your LLC must include at least one of the following terms or abbreviations: “Limited Liability Company,” “Limited-Liability Company,” “Limited,” “L.L.C.,” “LLC,” “Ltd.” or “LC.” The word company can be abbreviated as “Co.” Reserve a name for your LLC for 90 days by filing a Name Reservation Request form with the Nevada Secretary of State. It may be filed by mail, online with Silverflume or with the Nevada SOS’s online filing portal.

2. File Articles of Organization

Your new LLC will be created when you file its Articles of Organization Limited-Liability Company with the Nevada Secretary of State. They must include: the name and address of the LLC; the name, address and signature of the LLC’s registered agent; the LLC’s dissolution date, if applicable; whether it is run by managers or members; the names and addresses of all managers or managing members and the name, address and signature of each organizer. The articles may be filed online the SOS’s online filing portal, online with Silverflume or by mail.

3. Appoint a Registered Agent

To incorporate your LLC in Nevada, you must have an agent in the state for service of process. This is either an individual or a business entity that agrees to accept legal papers on behalf of the LLC if it is sued. The agent can be a Nevada resident or a business entity that is authorized to do business in the state. They must have a physical street address in the state. A list of registered agents is available on the Nevada Secretary of State’s website.

4. Prepare the Operating Agreement

Although you’re not required to prepare an operating agreement in Nevada, it is highly recommended. It doesn’t need to be filed with the Articles of Organization.

5. Publication Requirements

There are no publication requirements for LLCs in Nevada.

6. Comply with Other Regulatory and Tax Requirements

When forming an LLC in Nevada, additional requirements may apply. These include:

Business License – All businesses in Nevada must obtain a state business license from the Secretary of State, and it must be renewed yearly. The license and fee totals $200. There are exceptions to this requirement. For instance, landlords who rent out four or fewer dwellings and people who operate businesses from home and have net incomes that are no greater than 66.67 percent of the annual wage are exempt.

EIN – If the LLC has more than one member, it needs its own EIN, or Employer Identification Number. If there is only one member, an EIN is only required if it will have employees or if you elect to be taxed as a corporation instead of as a sole proprietorship. The IRS site has an EIN application, and there is no fee to complete it.

Department of Taxation – In some instances–for example, LLCs that have employees–you need to register with the Nevada Department of Taxation, or DOT, and the Nevada Employment and Security Division, or ESD.

7. File Annual List

All LLCs in Nevada must file annual reports, which are called annual lists, that list officers, directors and the registered agent. The first is due by the last day of the first month after filing the Articles of Organization. Subsequent filings are due on the last day of the month that is the anniversary of the LLC’s organization. The filing fee totals $150, and the annual list can be filed online via the Secretary of State website, via Silverflume or by mail.

8. Foreign LLCs Doing Business in Nevada

To do business in the state of Nevada, all LLCs that are organized outside of the state must register with the Nevada Secretary of State. They must also appoint a registered agent for service of process that is physically located in the state. An Application for Registration of a Foreign Limited-Liability Company must be filed by mail only, and the fee is $75.

Hire Reno Corporate Services Attorneys

If you want to incorporate in Nevada, ensure a smooth process by enlisting the help of Sutton Law Center. Call (775) 824-0300 today.

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