Last Updated on February 4, 2022
Costs to Form a Utah LC
To form a Limited Liability Company in Utah, file the Utah LLC Certificate of Organization with the Utah Department of Commerce. The LLC filing fee is $70 and can be submitted in-person, by mail, or fax. This form will not be accepted if it is handwritten. It must be typed.
Approval for the LLC is typically around 7-10 business days.
If you have questions, contact the Utah Department of Commerce, Division of Corporations and Commercial Code.
Steps to Form a Utah LLC
Being forming a Utah LLC by visiting the OneStop Business Registration website.
Step 1: Name of Limited Liability Company
Enter the name you want for the LLC. The LLC’s name also has to differ from other entity names registered with the Department of Commerce. You will want to run a Utah LLC name search with the Department of Commerce before filing the Certificate of Organization (referred to as the Articles of Organization in some states).
The name of the LLC must also include a designator at the end of the business name and describes what type of business entity it is. Available designators include the following phrases or abbreviations:
- Limited Liability Company
- Limited Company
- Limited Liability Co.
- Limited Co.
- Ltd. Liability Company
- Ltd. Company
- Ltd. Liability Co.
- Ltd. Co.
Enter the name along with the designator you would like to use and click on “Check Name Availability” A new page will open, indicating whether the name is available or not. Even if the search comes back with the name is available, the Department of Commerce’s office will also review it to ensure it isn’t being used by someone else or that it is too similar to another name.
Step 2: Principal Office Address
In this section, enter the street address, city, state, and zip code of the initial principal office. This address must be in Utah and can be the LLC’s physical address, or it can be the address where the business records are stored. You may not use a PO Box for the designated office.
Step 3: Registered Agent
Before forming an LLC in Utah, a Registered Agent must be identified. The Registered Agent can either be a full-time resident of Utah, a Business Entity, or a Registered Agent service. If the agent is a business, it must be registered with the Department of Commerce and be in good standing.
The Registered Agent must have a physical address in the state (PO Boxes are not allowed), be available during normal business hours, and act as a point of contact for service of process to receive important legal documents, tax notices, summons, subpoenas, etc., on behalf of the LLC.
Step 4: Signature of Organizer
An LLC Organizer is someone involved with the formation of the Certificate of Organization. The Organizer may or may not become a member, such as a mentor, attorney, or accountant, but any of the initial members can be listed as an organizer.
Have an organizer sign in step 4 after the form is printed.
Step 5: Name and Address of Members and/or Managers
This is an optional section. Some people won’t fill in this section since they don’t want the member’s and manager’s names on the public record. This can sometimes pose a problem when opening an LLC bank account as some banks won’t open an account without a listed member or manager.
The differences between a member-managed and manager-managed LLC:
- Member-Managed LLCs have an active involvement in the management and have the authority to act on behalf of the LLC.
- Manager-Managed LLCs are hired by the members to run the LLC, similar to a CEO of a corporation. This is generally used when there are passive members in the LLC, and the members do not actively manage or operate in the affairs of the business.
Step 6: Duration
This is another optional section. Here, you can indicate how long the LLC will remain in existence. Most LLCs will choose a Perpetual duration; however, some businesses (usually investment-related) will have a specific closure date.
By skipping this section, your LLC will be Perpetual by default.
Step 7: Business Description
Another optional section where you can provide some basic information about what the business does. Some filers will include an open-ended business purpose saying, “This business will engage in any lawful business activity for which a Limited Liability Company may be organized in Utah.”
Step 8: Inclusion of Ownership Information
The next two questions are optional and ask demographic information about whether the LLC is female-owned and/or minority-owned.
Step 9: Pay and File
Pay and file the Certificate of Organization.
Send a copy to:
Utah Division of Corporations and Commercial Code
PO Box 146705
Salt Lake City, UT 84114-6705