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how to incorporate an llc in oklahoma in this year today you will learn about the most common ways to start your business including the correct forms you'll need how to register your llc critical naming requirements and all other vital tips and tricks then as a bonus later on in the video i will reveal to you a trustworthy registered agent who will help set up your llc for free so make sure to stick with me until the end oklahoma llcs are easy to set up the state of oklahoma like other states has several specific llc requirements there are three main ways you can start an llc in oklahoma first is the diy or do-it-yourself process where you mostly depend on oklahoma state's website the second way is hiring a professional service that practically offers more efficiency and security in the process of creating your llc while the third one is hiring an attorney we will skip the attorney hiring portion because that's expensive and most business owners won't need that service first let's take a look at the steps required for starting an llc on your own step one name your business before anything else you will have to think of the llc's legal business name each llc in oklahoma must have a distinct llc name that is not currently in use you must include the terms limited liability company or an abbreviation such as llc you cannot include phrases such as a corporation which would lead people to believe you are a different business organization knowing if your business name is taken or not is very easy just go to google and type in the words business entity records oklahoma secretary of state and click the first search result i also have the link in the description below for your convenience it will lead you to a landing page of business entity records in oklahoma scroll down a little and you will see some search options which make checking the availability of your business name easier generally you can click the first option entity name and type in your business name for example i am typing a very common business name here car wash express which will give you a list of existing business names a unique business name will say no matches found just like this random name i typed in keep in mind that the division of revenue doesn't check names for trademark compliance it's ultimately up to you and your business attorney to ensure that your llc's name doesn't infringe on any other company's rights step 2 oklahoma requires llc to have a registered agent an agent has a physical address a po box is not allowed and is available during business hours this agent will serve as the llc's primary point of contact for receiving key legal papers tax warnings summons subpoenas and so on you can register yourself or someone in your company but i highly recommend getting a professional registered agent as they have more knowledge by protecting your company in cases of possible cracks while i agree that family members or friends are reliable enough to be trusted as your llc's agent you are more comfortable sleeping at night knowing that your agent is professional and trained to manage legal documents to avoid problems concerning court schedules filing reports with the secretary of state etc besides hiring a professional registered agent is not expensive in fact there are companies that offer a free registered agent as part of your package when you form your llc through them inc file is a company i recommend which has this free service inc file offers a free registered agent on your first year of signing up for their service during that free year you can already take advantage of a professional and trained agent to receive legal documents on your behalf a dashboard where you can always access the correspondence that your agent has received as well as email notifications and automatic forwarding whenever your registered agent receives documents step 3 filing the oklahoma llc certificate of formation after that you must file the certificate of formation with the oklahoma secretary of state's business entities division and the office of the judge of probate to officially incorporate a domestic oklahoma limited liability company the oklahoma state filing cost for llc's is one hundred dollars for domestic llc's and three hundred dollars for foreign llcs basically a domestic llc means that you are already a resident of oklahoma and you want to build a business in oklahoma foreign llc on the other hand is for people living outside oklahoma but wanting to start a business or a franchise of their business in oklahoma with that said most businesses would be applying for a domestic llc you can file the certificate of formation online or by mailing it to the secretary of state expect the llc certification process to take approximately two weeks this is three to four days for the judge of probate and ten days for the secretary of state step 4 prepare an operating agreement now an operating agreement is a good idea to have in place with the other members if your llc has more than one member although a limited liability company operating agreement is not necessary for oklahoma your operating agreement should clarify how your company or business will handle big picture issues such as allocating earnings and losses and dissolving the company your operating agreement should also cover the transfer of membership interest profits or losses and distributions initial investments decision making powers voting rights and management and lastly dissolving the business step 5 file annual certificate all oklahoma llcs and foreign llcs authorized to do business in the state must file an annual certificate with the oklahoma secretary of state the annual certificate must be filed each year by the anniversary date of your llc's creation there are penalties for late filings you may file the report online through the oklahoma secretary of state entity filing web page or by mail the fee for filing the annual certificate is 25 step 6 obtain an ein an ein or employer identification number is a federal tax id issued by the irs your ein is used by them to readily identify your firm and tax filings all oklahoma firms pay a business privilege tax and the state requires you to have an ein to file you may also be required to provide your ein when opening a bank account or applying for municipal permits or licenses obtaining an ein is a slightly longer process compared to their previous steps i'm sure you know anything to do with the irs is confusing first you have to have complete knowledge of your llc such as your company information managing member information business address business information company details and even critical information regarding vehicular assets and federal excise taxes this is another reason why getting a professional registered agent is way more convenient as they can do this for you as part of their service now let's talk about the second option to form an llc and that is hiring a professional formation service professional formation services do all the steps you should be doing on your own from filing necessary forms to acting as your registered agent you usually have to alloc
Thanks for your comment Moises Mesecher, have a nice day.
- Talisha Kruel, Staff Member
hey today we were talking about how to start an llc in oklahoma my name is eric and in today's video i'm going to show you three different ways that you can go about doing this one is through your state website another is using free online legal tools and the third is if you need to consult with an attorney how you can go about doing that but more importantly also getting a free consult for 15 minutes before you start the meter with that attorney so before i get to all that there are three terms that i want to make you aware of that sometimes people aren't familiar with when they're researching llcs and those terms are things such as piercing the corporate veil registered agents and co-mingling funds now these three terms are important as far as if there are cracks in your llc i'm going to get to that throughout the video so make sure you watch all this so that you make sure that you have a legit llc and it's doing what it needs to do for you so to get started if you go to google and you search oklahoma llc the first listing that pops up here is the oklahoma state website but it's actually kind of misleading because if you click this what it's going to do is it's going to take you right to a form which for a lot of people you prefer to file online electronically rather than fill out a form and go this route but before i show you how to do this online through the state website i wanted to highlight just this one piece right here it's talking about a filing fee of a hundred dollars that's paid to the secretary of state when you're getting set up with your llc there's no way around this fee if you go through an attorney if you go through the state website a free online legal tool it's gonna be about 100 to 104 for that fee depending on credit card processing fees uh you will have to pay that fee but that's actually not too bad some states get up into the mid 400 range so this is about middle of the road if not actually kind of one of the cheaper states for getting set up with an llc now if you want to actually file electronically through the state website you would get set up through the url right here and this is a good time to mention that all the resources that i'm mentioning in this video will be in the description below so if you need to get to any of those they'll be easy for you to click through on if any of them are affiliate links i will mark them as a paid link and i appreciate using those links as it helps to support my youtube channel so if you're on this page now on the ok.gov website what you're going to want to do is you're going to go down to file business documents electronically so i'll tell you right up front this is one of the uglier state websites and i'll kind of get into that for you in a minute here but if you scroll down what we're looking for is domestic limited liability company so what it's going to do is it's going to ask you to log in i've already done that but as you can see this is not the cleanest and easiest thing to go through what you need to do is click on limited liability company it's kind of going off the screen here and basically sometimes state websites are a little bit dated if you were to go the form route there is something i want to highlight on the form as well because you can do this and just mail it in if you want to do the snail mail route one of the things about state websites is they don't do the best job of holding your hand and sometimes like people kind of gloss over details because we're not sure what they mean i'm gonna give you a really good example of that so if you're filling out these articles of organization which is how you get set up with a limited liability company you'll see that in section 4 it talks about the name and street address of the registered agent now if you recall the beginning i said i would explain what a registered agent is which is a crucial part to your llc but to better understand what a registered agent is i want to explain exactly what an llc is and what it is not because sometimes people have confusion over this some people believe that you can set up an llc to save on taxes that is not why you set it up you're simply trying to limit your liability so the purpose of an llc can be explained like this let's say on the left side of the screen here that you have your business assets that could be your office your furniture anything that's in your business things that you own then on the right hand side of the screen is your personal assets so these are things like your personal home personal bank accounts personal cars now what an llc does is it draws a division between your business and personal assets that division is called the corporate veil so you probably recall that we talked about piercing the corporate veil what that means basically is in the unfortunate case that you were sued an attorney is going to come after your business assets but they're going to try to pierce the corporate fail so they can find uh so they can come after assets in your personal asset class as well piercing the corporate veil basically means finding a crack in your llc some way that it wasn't set up correctly some issue that you have with your llc so that they can not only come after your business assets but your personal assets as well one of the ways they can do this is to see if you have a proper registered agent on file or if you're not getting that proper communication from that registered agent and you're not doing the things you're supposed to be doing as a business owner who owns an llc so why don't we take a look at what a registered agent exactly does this is a nice article on a site called ink file which i'll get to in a little bit it's a free online legal tool for setting up llc's but if we scroll down here it's got a quick five bullet point list of what a registered agent does basically the registration is a third party and they'll take in official letters and correspondence from your secretary of state they also do service of process notices so basically if you're sued making sure that you're getting the documents and appearing in court number three here is official federal government correspondence information and notifications four is tax forms and requests for payments and five is request to complete permits company filings or reports so basically that registered agent is making sure you're dotting your eyes and crossing your t's and staying compliant with your llc so there are no cracks in your llc and again that's really important because if there's a crack that attorney's suing you is going to try to find it and they're going to try to pierce the corporate veil so that they can come after your personal assets as well so that's kind of one of the issues that i have with these forms that they set up they just kind of say like oh you're registered agent they need to be in the state of oklahoma blah blah who is it and it doesn't really explain like what a registered agent is how it impacts your business and all the things that you should be aware of with it so a lot of times i'll recommend this ink file service and part of the reason is you know they've obv
Thanks taaltl your participation is very much appreciated
- Talisha Kruel
About the author
I've studied black holes at University of West Georgia in Carrollton and I am an expert in block design and analysis of variance. I usually feel devious. My previous job was elevator mechanic I held this position for 4 years, I love talking about life science and yard games. Huge fan of Annie Oakley I practice trampoline and collect banknotes.
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