Set up your LLC without the hassle. Click on “Get Started” so we can check if your business name is available in Minnesota!
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There are many reasons to form an LLC in Minnesota. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
Check if your LLC name is available in Minnesota
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Sit back and let us take care of the paperwork for you
If you’re starting your LLC in Minnesota, you’ve made a good choice. Registering an LLC, or limited liability company, in Minnesota is simple and straightforward. The initial registration fees are reasonable, and annual renewals are free if you send in the forms on time.
The business climate in Minnesota is excellent. CNBC ranked Minnesota the seventh best state in the country for business, giving it especially high marks for life, health, technology, innovation and education.
In this guide we’ve listed everything you need to know to form an LLC in Minnesota, read on to get started with your LLC!
You can create your Minnesota LLC in five main steps:
The detailed instructions below will walk you through each step.
To form a Minnesota LLC, you need a name for your LLC that the secretary of state will approve. The name you choose must be different from the name of any other Minnesota LLC, corporation, limited partnership or limited liability partnership that is already on file with the Minnesota secretary of state. It also must be different from any reserved or assumed name, service mark or trademark that is registered in Minnesota.
Minnesota has some rules about what goes into the name, which:
To find out if your desired name is available:
You can either request your LLC’s name when you file your articles of organization, which is the document you file to form your LLC, or you can reserve the name if you are not yet ready to file the articles.
Your desired name goes into the first box on the Articles of Organization form. Step 2 below has more information about filling out the rest of the form.
When you’ve completed the form, you can file it in person (with a filing fee of $155 for expedited service) or by mail (with a filing fee of $135) at Minnesota Secretary of State Business Services, First National Bank Building, 332 Minnesota Street, Suite N201, Saint Paul, MN 55101. In-person hours are 8 a.m. to 4 p.m., Monday to Friday, except for holidays.
You can also file the form online for $155. First, set up an account with the Office of the Minnesota Secretary of State if you don’t already have one, sign in, then go to the state’s business filings page.
If you have questions about filing out the form, call the secretary of state’s office from 9 a.m. to 4 p.m. on weekdays at 651-296-2803 if you’re in the metro area or 1-877-551-6767 if you are elsewhere.
Minnesota makes a distinction between a registered office, which is a physical place, and a registered agent, which is a person or business. In Minnesota, unlike many other states, naming a registered agent is optional. However, you are still required to have a registered office where you can receive service of process and other important notices and documents for your LLC.
The registered office can be in the place where your business is located, or it can be elsewhere in Minnesota. Its address must be a street address, rural route, rural route box, fire number, or directions from a landmark — but not a post office box. If you decide to get a registered agent, the agent’s address must be at the registered office.
You can locate a registered office and optional agent on your own, or you can let Tailor Brands take care of it for you.
The Minnesota Limited Liability Company Articles of Organization is the form you file to make your business an official LLC. On this form, you’ll request your LLC’s legal name and provide your name and address, your registered office address, the name and address of your registered office, the name of your registered agent, if you have one, and names, addresses and signatures of the other organizers if you are not the only one.
Filing the Articles of Organization form costs $135 if you submit it by mail and $155 for expedited service if you submit it online or in person.
When you fill out the Articles of Organization form, you’ll provide:
You can file by mail, in person or online. The mailing and in-person address is Minnesota Secretary of State Business Services, First National Bank Building, 332 Minnesota St., Suite N201, Saint Paul, MN 55101. In-person hours are 8 a.m. to 4 p.m., Monday to Friday, except for holidays.
To file online, first set up an account with the secretary of state if you don’t already have one, sign in, and go to the state’s business filings page.
The secretary of state’s office will answer questions at 651-296-2803 in the metro area or 1-877-551-6767 elsewhere from 9 a.m. to 4 p.m., Monday to Friday.
An operating agreement is a document that you use to control many aspects of your business. Having written rules in place will help guide your future operations and decision-making.
It’s especially important to have an operating agreement if your LLC has more than one member. In a multi-member LLC, the operating agreement forms a contract between the members. By specifying members’ roles, responsibilities and rights in the LLC’s operation, you can help anticipate and prevent disputes.
If you don’t have an operating agreement, your LLC will have to follow Minnesota’s default rules for LLCs, which may not be the best choice for your business. Creating an operating agreement gives you the chance to spell out how the rules for your LLC differ from the defaults. This is valuable for all LLCs, including single-member ones.
Some issues that your Minnesota operating agreements may address include:
Minnesota operating agreements don’t have to be in writing. They can be oral or even implied. However, you’re much better off putting the agreement in writing, which helps ensure that all the members have a common understanding of their responsibilities and obligations.
Every operating agreement is unique and based on the circumstances and needs of the LLC. The more aspects of the business the operating agreement covers, the more effective it will be. It’s a good idea to consult a lawyer when creating your operating agreement to ensure that all necessary items are included and are stated in a way that prevents conflicts, misunderstandings and other problems from arising.
Minnesota does not require that you create an operating agreement for your LLC, however it’s strongly recommended that you create one, so you can tailor the LLC’s rules to your business’s specific needs, prevent disputes, and help ensure the smooth running of your business.
An employer identification number is used for filing business taxes. If you have a multi-member LLC or your LLC has employees, you must get an EIN for your LLC. However, if you have a single-member LLC with no employees and you’re not choosing to be treated as a corporation, you have the choice of using either your own Social Security number or your own EIN on your taxes.
Advantages of having an EIN, even when it’s not required, include greater protection from identity theft and presenting a more professional image. Banks may require an EIN to open a business checking account.
You can apply for an EIN on the IRS website from Monday to Friday, 7 a.m. to 10 p.m. You can also choose to have Tailor Brands obtain an EIN for you as part of the services we provide for our customers.
This step-by-step guide details the steps you need to name your Minnesota LLC properly by searching if it is unique.
There are different costs to form an LLC in Minnesota and maintain it. We’ve listed all of them in this post.
Appointing registered agent is a mandatory step in your LLC formation process in Minnesota – learn more about it.
We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
For more reviews from our customers, visit our reviews page.
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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