So you finally decided to take the plunge and start a business. It’s a huge step and there are so many things to do before you can start looking for new clients or customers. One thing to add to your to-do list: officially registering your business.
Below, CNBC Select breaks down what you need to know about how to register your business — in just six easy steps.
What does it mean to register your business?
Registering your business means officially making it a legal entity at the state, federal and/or local government levels. This helps you run your business legally and is often the first step in securing things like an employer identification number (EIN), permits, commercial spaces, etc.
Decide on the business entity you’re forming
Your business entity (or business structure) can impact how you pay yourself, how you pay your taxes and even how you protect your personal assets.
The main business entities are: Sole proprietorship, limited liability company (LLC), C-Corporation (C-Corp) and S-Corporation (S-Corp).
Sole proprietorships are exactly what they sound like: a business run by only one person. You actually don’t need to do anything to “register” a sole proprietorship, however, this business structure means there is no legal separation between your business assets and your personal assets.
An LLC, however, does separate your business and personal assets. In other words, if your business were to get sued or default on debt, your personal assets can’t be targeted to settle that lawsuit or debt. The owners of the LLC are called members so if you own and run the LLC by yourself, you’re a single-member LLC; if your business has more than one owner, it’s a multi-member LLC. LLCs don’t pay taxes on their profits. Profits and losses pass through to the owners and they report those on their personal tax returns.
C-Corps are a type of structure where owners are known as shareholders and they have stock in the company. C-Corps must have a board of directors and this type of business also pays federal income tax on its profits. Shareholders are taxed on distributions and dividends from the corporation. So C-Corps don’t get that same “pass through” benefit that LLCs get to have.
S-Corps allow income to pass through to the owner’s and shareholder’s personal tax returns. Owners of S-Corps can also capitalize on the “limited liability” protection that LLCs get.
Choose a formation service
You can register your business by filling out and filing the relevant paperwork (for instance, Articles of Organization and operating agreement for an LLC) on your own through your state agency’s website and pay a filing fee (usually around $200 but it can vary depending the state).
You can also use a formation service to register your business. You’ll provide them with information like your full name, address, your business name and address, contact information, the state you will operate in and the type of entity you’re forming. Then, they’ll take care of filing the appropriate paperwork for you.
Most formation services, like LegalZoom and ZenBusiness, are free to use and will only charge you the state filing fee if you opt for their most basic starter plan. Otherwise, you can pay a yearly fee plus the state filing fee for access to more premium plans that include perks like a faster turnaround time, free business templates, access to attorneys and more.
LegalZoom (Small Business Services)
-
Cost
$0 + state filing fees for Basic plan; $249 + state filing fees for Pro plan; $299 + state filing fees for Premium plan
-
App available?
-
Standout features
LegalZoom offers all sorts of services to help you register your business, fulfill annual reporting and licensing requirements and protect your business with trademarking, copyrighting and assistance from attorneys.
Pros
- For the Basic plan you’ll just pay the state filing fee
- Well-known brand in the industry
Cons
- LegalZoom charges additional fees for some services even with the Pro and Premium plans. For instance, LZ Books is free for one year then $9.99/month after; the Business Attorney plan for Premium is free for 30 days then $49/month after
- Registered agent service is quite pricey at $249/year
ZenBusiness
-
Cost
$0 + state filing fees for Starter plan; $199/year + state filing fees for Pro plan; $299/year + state fees for Premium plan
-
App available?
-
Standout features
ZenBusiness offers a wide selection of services that range from formation offerings to compliance, managing your finances and building a website and logo.
Pros
- Order processing within one business day available for Pro and Premium packages; otherwise order processing takes 7–10 business days
- Offers business document templates (included within the Premium plan only); other plans pay an additional fee for access
Cons
- Registered agent service costs an additional $199/year
- Charges a base price plus state filing fee for some pricing plans; some competitors only charge a state filing fee
Another advantage to opting for a business formation service is the ability to use their registered agent service (for an added yearly cost, of course). The registered agent service keeps you up to date on all your business-related communications and requirements so you don’t have to constantly seek out information on your own to know what’s required of you to remain operating legally.
That added cost can run you a few hundred dollars per year but it can be well worth adding on if it gives you the peace of mind of knowing you aren’t missing anything (especially if this is your first time running a business).
Northwest Registered Agent charges $125 per year for access to its registered agent service. And for its business formation service, you’ll pay just $29 plus your state’s filing fee.
Northwest Registered Agent
-
Cost
$29 + state filing fee for LLC formation, corporation and nonprofit
-
App available?
-
Standout features
Northwest Registered Agent offers mainly business formation services and services for registered agents, trademarking, mail forwarding, EINs, business websites and business emails
Pros
- Simple pricing plan
- Allows for multiple registered agents with a discount of $100/year per additional registered agent state
- Offers website building and business email services
- Offers one free year of Registered Agent service
Cons
- Doesn’t offer an app
- Registered Agent service is an additional $125/year after the first year
Remember that while you are required to have a registered agent, you aren’t required to pay for a service to fill that role for you. You can be your own registered agent but, again, if you want that confidence in knowing you have someone to keep you on top of all the legal and compliance requirements for your business, paying for a registered agent can be well worth the money.
Choose a name and location
Naming your business is probably one of the more exciting parts of making things official. As a general rule of thumb, it’s usually best to pick a name that’s easy to remember and accurately describes what your business offers.
When filling out your formation paperwork, you’ll also want to include the location from which you’ll be operating your business. That’s because each state has a filing fee that varies in cost. Plus, your state of operation can determine what else you’ll need to file and adhere to in order to operate legally. For most people, their state of residence is the same state they’ll be operating their business out of.
Apply for an EIN
Your EIN is a nine-digit tax number assigned to your business by the Internal Revenue Service (IRS). It’s basically like a social security number for your business. Sole proprietors generally aren’t required to have an EIN but most other business structures should have one.
If you registered your business through a formation service, you can usually also use the same service to apply for an EIN (though, some service providers may charge an additional fee for this). Or, you can apply for an EIN for free through the IRS website.
Get any required permits or licenses
Not all businesses will require permits or licenses in order to operate but some do. Food and beverage businesses (whether online or brick-and-mortar), businesses that serve alcohol, construction and medical businesses are just a few examples of the kinds of ventures where you’ll want to dot your i’s and cross your t’s when it comes to getting this type of paperwork done.
Just be sure to do your homework thoroughly in terms of the correct licensing and permit requirements so you can avoid penalties.
Common mistakes to avoid when registering your business
Of course, mistakes can happen when trying to register your business, especially if you’re new to the process. Working with a professional formation service can decrease the risk of error, but here are a few mistakes to really watch out for.
Choosing the wrong business structure
Choosing the wrong business structure can put you in positions where you’ll have higher standards to meet or you end up needing to run your business in a way that you don’t really want to operate in. Understand the differences between each entity and if it helps, work with an advisor who can recommend the right structure for you.
Clerical errors
Inputting the wrong business address and having typos in your name and contact information — everyone’s prone to a slip-up every now and then but when registering your business, this can result in you not receiving important paperwork and other communications. Double check your work before submitting.
Missing a form
We know the necessary forms for your business can sometimes vary depending on the type of business you’re running and where you’re operating so it’s tough to get a proper handle on everything you’ll need. But this is why registered agent services can really pay off. They’ll notify you of federal and state forms you’ll need to take action on to keep operating. This way, you won’t have to feel overwhelmed by how much you have to do.
Not staying organized
Once the marathon is over and you’ve finally gotten all your documents in a row, print out all your forms, certificates, licenses, etc. and keep the in a folder or binder. This way, you always know exactly where to find them in case anything comes up.
FAQs
How much does it cost to register a business?
Cost can vary depending on your state since each state has its own filing fee (usually a few hundred dollars). If you choose to use a business formation service, your cost may be a bit higher since some services charge a service on top of your state’s fee.
What is an EIN?
An EIN (Employer Identification Number) is the taxpayer ID for your business. It’s free to apply for if you go through the IRS website.
Should I register my business or get an EIN first?
You should register your business first since the EIN will be associated with your business name.
Why should you register your business?
Registering your business ensures that you’re operating legally and helps you avoid penalties and fines for not doing so.
Is a business license the same as registering a business?
No, it’s not the same thing. A business license just allows you to provide services within a certain space.
Why trust CNBC Select?
At CNBC Select, our mission is to provide our readers with high-quality service journalism and comprehensive consumer advice so they can make informed decisions with their money. Every article is based on rigorous reporting by our team of expert writers and editors with extensive knowledge of small business products. While CNBC Select earns a commission from affiliate partners on many offers and links, we create all our content without input from our commercial team or any outside third parties, and we pride ourselves on our journalistic standards and ethics.
Subscribe to the CNBC Select Newsletter!
Money matters — so make the most of it. Get expert tips, strategies, news and everything else you need to maximize your money, right to your inbox. Sign up here.
Editorial Note: Opinions, analyses, reviews or recommendations expressed in this article are those of the Select editorial staff’s alone, and have not been reviewed, approved or otherwise endorsed by any third party.