How to start an LLC in Tennessee

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Benefits of registering an LLC in Tennessee

There are many reasons to form an LLC in Tennessee. 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

How to form your Tennessee LLC with Tailor Brands

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How to start an LLC in Tennessee in 5 steps

The limited liability company is similar to a corporation in that it offers the same protections. However, it is taxed differently, based on the type of LLC you decide to create. Before deciding to register as an LLC as opposed to a corporation, nonprofit, partnership, or another entity, be sure to speak to a business attorney about the tax ramifications of the various entities.

Tennessee also allows “series” LLCs, i.e. a business creates one or more limited liability companies under the same umbrella as the master LLC. Each LLC has its own bank account. They do share certain factions.

Before starting a limited liability company in Tennessee, you will need certain information and a business name. If you have everything ready before starting, you won’t have to stop to look up information or take additional steps.

To form an LLC in TN, you’ll need to:

  1. Name your Tennessee LLC
  2. Choose your registered agent
  3. File articles of organization
  4. Create an operating agreement 
  5. Apply for an EIN

Keep reading for a detailed walk-through of the steps to start an LLC in Tennessee.

Step 1: Name Your Tennessee LLC

Tennessee has several rules to create a business name, including that the name must be available.

You’ll need to include LLC, L.L.C or Limited Liability Company to your business name and make sure that it’s not violating any of Tennessee’s naming guidelines. First, begin by checking that your business name isn’t already in use.

Step 2: Choose a registered agent

A registered agent must be in the office during business hours. The registered agent accepts important and time-sensitive documents, including those from the Secretary of State and lawsuits.

Additionally, the registered agent in Tennessee lets you know when important filings are due with the Secretary of State. Missing filings could cost the business hundreds in filing fees.

You can opt to be your own registered agent, but if you do not expect to be in the office during regular business hours, even for a few days per year, it is better and safer to use a registered agent service.

If you choose to register an LLC in Tennessee, but you do not live in the state or otherwise do business in the state, you can. However, you must have a physical address to register for an LLC in Tennessee. A professional registered agent provides that service. Thus, if you live in Washington but like Tennessee’s business practices better, you can form a TN LLC with a registered agent in Tennessee as the registered agent provides a physical address in the state.

Step 3: File articles of organization

Tennessee requires a limited liability company to file articles of organization. You can complete a simple form or have an attorney complete it for you. The articles of organization is the document that defines your business as a limited liability company.

State fees

The fees for registering a name and filing Articles of Organization and other documents change often. You can find the fees on each document you need to file. Currently, it is $50 for each member to file articles of organization with a minimum fee of $50 and a maximum fee of $3,000. Reserving a name is currently $20.

Requirements

The articles of organization need specific information, including:

How to file

Tennessee allows a business to file the LLC via one of four different ways, including:

Step 4: Create an operating agreement

An operating agreement dictates how you run the business. Even sole-member LLCs should have an operating agreement. While Tennessee does not require a limited liability company to have an operating agreement, we recommend (and so does the SBA) that you create one nonetheless. In short, the operating agreement is a contract between the members.

The operating agreement dictates many business actions, including but not limited to:

These are only a few of the sections of a detailed operating agreement. The agreement could prevent lawsuits between members. Many banks and loan companies require a copy of an operating agreement before extending a business loan or allowing the business to open a bank account.

Is an operating agreement a must?

Tennessee does not require its limited liability companies to have an operating agreement. However, banks, loan companies, vendors, and others might require an operating agreement before doing business with you.

If you decide to draft an operating agreement, it should have the information on the Articles of Organization. We recommend a complete, detailed operating agreement if the business has members.

Step 5: Apply for an EIN

When applying for an EIN (Employer Identification Number), you can use our services or go directly to the Internal Revenue Service’s website. You must complete the application in one sitting, so be sure you have a valid taxpayer identification number, such as a Social Security number, ITIN, or an EIN of another company. The session expires in 15 minutes, after which you’ll have to start over. Furthermore, you can only apply online Monday through Friday from 7:00 a.m. through 10:00 p.m.

You can choose to print your EIN after you complete the application or have the IRS mail it to you.

If you are single-member LLC and do not plan to add members later, you do not need an EIN. However, we recommend that you apply for one as it keeps your personal finances separate from your business finances.

You can apply by mail by completing Form SS-4 and mailing it to the Internal Revenue Service at the address listed in the form’s instructions. It takes about four weeks to receive your EIN if you apply by mail.

You can also fax Form SS-4 24 hours per day, seven days per week. The IRS will send your EIN by fax within four business days.

If you are not comfortable with applying for an EIN yourself or are not sure of the answers to some of the questions on the application, Tailor Brands can apply for the EIN for you as part of starting your business.

Tennessee LLC Formation: The Basics

This step-by-step guide details the steps you need to  name your Tennessee LLC properly by searching if it is unique.

There are different costs to form an LLC in Tennessee and maintain it. We’ve listed all of them in this post.

Appointing registered agent is a mandatory step in your Tennessee LLC formation process – learn more about it.

This post details which licenses and permits your Tennessee LLC may require and how to obtain them.

Why is Tailor Brands the Best LLC Service in TN

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:

Easy and intuitive

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.

Friendly dashboard

Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.

Additional services

We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.

Real Tailor Brands reviews, from real business owners

For more reviews from our customers, visit our reviews page.

Start an LLC in Tennessee, Hassle-Free

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.