How to Form an LLC in Wisconsin: A Step-by-Step Guide

What is the first step in forming an LLC in Wisconsin?

The first step in forming an LLC in Wisconsin is to choose a unique and memorable business name. The name must be distinguishable from other business names in the state and must not contain any words or phrases that are prohibited by the Wisconsin Department of Financial Institutions. You can search the Wisconsin Business Entity Search database to ensure your desired name is available.

How do I choose a business name for my LLC in Wisconsin?

The process of choosing a business name involves several steps:

• Ensure the name is unique and not already in use by another entity in Wisconsin.
• Check if the name contains any prohibited words or phrases.
• Verify availability using the Wisconsin Business Entity Search database.

What information do I need to include in the Articles of Organization?

The Articles of Organization must include the following information:

• Business name and address.
• Registered agent name and address.
• Management structure (member-managed or manager-managed).
• Effective date of the LLC.

You can file the Articles of Organization online or by mail. The filing fee is currently $130.

How do I file the Articles of Organization in Wisconsin?

You can file the Articles of Organization either online or by mail:

• Online: Use the Wisconsin Department of Financial Institutions' online filing system.
• By Mail: Download and complete the form, then send it along with the required fee to the address specified by the Wisconsin Department of Financial Institutions.

What is an Operating Agreement, and why is it important for my LLC?

An Operating Agreement is a document that outlines the ownership, management, and operation of the LLC. It's not required by the state but highly recommended to avoid potential disputes among members:

• Ownership structure and percentage of ownership.
• Management structure and decision-making process.
• Profit and loss distribution.
• Member rights and responsibilities.

How do I create an Operating Agreement for my LLC in Wisconsin?

To create an Operating Agreement:

• Determine the ownership structure (e.g., single-member vs multi-member).
• Define roles within the LLC (e.g., member roles vs manager roles).
• Outline profit distribution methods.
• Specify member rights and responsibilities.

What is an Employer Identification Number (EIN), and why do I need one for my LLC?

An Employer Identification Number (EIN) is a unique nine-digit number assigned to the LLC by the IRS:

• You'll need an EIN to open a business bank account.
• You'll need an EIN to file taxes.
• You'll need an EIN if you plan on hiring employees.

You can apply for an EIN online or by mail through the IRS website.

How do I register for taxes with the Wisconsin Department of Revenue?

To register for taxes:

• Obtain a Wisconsin Tax ID Number.
• File a Wisconsin Business Tax Return (Form B-1).
• Register for other required taxes such as sales tax or employment tax.

What licenses and permits might my LLC need in Wisconsin?

The specific licenses and permits required will depend on the type of business you're operating:

• Check with the Wisconsin Department of Financial Institutions.
• Check with local government authorities.

How do I open a business bank account for my LLC in Wisconsin?

Once you've completed all previous steps:

• Visit a bank branch.
• Provide necessary documentation including your Articles of Organization and EIN.
• Set up an account in the name of your LLC.

Conclusion

Forming an LLC in Wisconsin involves several key steps including choosing a name, filing Articles of Organization, creating an Operating Agreement, obtaining an EIN, registering for taxes, obtaining necessary licenses/permits, and opening a business bank account.

By following these steps carefully and staying organized throughout the process you can ensure that your LLC is legitimate and compliant with state regulations.