A limited liability company (LLC) is a way of setting up a corporation that offers owners some protection against debts and suits. Many individuals and groups that found businesses choose to form an LLC in order to ensure that their personal assets are protected. You can form an LLC in Missouri according to state statute 347-047. The process is based on submitting a form called the Articles of Organization to the Secretary of State.

Part 1
Part 1 of 2:

Planning Your Business

  1. Choose a name that describes your business’ service, product, or employees. This will help customers or clients understand what is unique about your business. In order to establish your business as an LLC, however, your business’ name must be different from any other foreign or domestic corporation licensed in Missouri.[1] You can check to make sure that no other business already has the same name by searching the Missouri Business Entity search engine.
    • The business name must contain one of the following phrases or abbreviations: "Limited Liability Company,” "Limited Company," “LC,” “L.C.,” “L.L.C,” or "LLC."[2]
  2. Once you decide of the name of your business and determine that it is not already in use, you will need to register it with the Missouri Universal Commercial Code Division (UCC). The business name must be reserved in writing, and cannot be guaranteed as available until the registration is approved.[3]
    • To register a business name with the UCC, visit the UCC Online Portal. Create an account, log in, and follow the instructions to register the name.
    • There is a $30 fee for reserving a business name for an LLC, payable via the UCC Online Portal.
    • Once you have reserved the business name, you have the exclusive right to it for 60 days. You can renew or extend this reservation twice, to make a maximum reservation period of 180 days.
    • If you do not use the name to establish a business or renew the reservation within 60 days, you lose the right to ever reserve that business name again. If it is not used or reserved by another business, however, you can register an LLC under that name.[4]
  3. Missouri law states that any individual or business operating in the state under a name other than its “true name” must register the alternate name, known as a “fictitious name” (sometimes called DBA, or “doing business as”).[5] [6]
    • To register a business’ fictitious name, visit the UCC Online Portal. Create an account, log in, and follow the instructions to register the name.
    • You can also file a fictitious name in Missouri by completing the form “Registration of Fictitious Name” and mailing it to: State of Missouri Secretary of State, Corporations Division, PO Box 778, 600 W. Main St., Rm. 322, Jefferson City, MO 65102.
    • There is a filing fee of $7 to register a fictitious business name, payable online or by check made out to “Secretary of State.”
    • Fictitious names are not protected and unique, unlike other LLC business names; this means there can be wholly different businesses operating under the same fictitious name.
  4. An LLC can be organized to legally protect an individual. This is useful for those that own their own business (sole proprietorship), since the LLC will then protect an individual against personal liability in the event of loss or a suit. If your business is organized as a corporation of several partners, however, you may want to file your Articles of Organization as a group, since this will protect the partners from both individual and group liabilities.
  5. To incorporate as an LLC, your business must appoint someone to be the contact between the business and the Missouri Secretary of State.[7] This person is known as the business’ Registered Agent, and he or she will be the point person for all correspondence related to the LLC’s incorporation. A registered agent may be yourself, a manager (such as a CEO), your business’ legal counsel, or some other individual.
  6. A business that has more than one employee (including yourself), must register with the Internal Revenue Service (IRS) to receive a unique EIN for tax-related purposes.
    • There is no charge associated with obtaining an EIN.
    • You can apply for an EIN online, by fax, or by mail.
    • Even if your company only has one employee, you may want to register for an EIN anyway. This will make things easier if you ever do hire additional employees, and having the EIN will mean that your business can be taxed as a corporation rather than as a sole proprietor (you).
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Part 2
Part 2 of 2:

Filing the Articles of Organization

  1. This form is used to officially register your LLC. It must be submitted to the Missouri Secretary of State. There is a $105 fee for filing the certificate, which must be submitted together with the form. The form requires you to list basic information such as:
    • The name of the company
    • The company’s purpose
    • The name and address of the company’s Registered Agent
    • The names and addresses of each individual organizing the LLC (you, and your partners, if any)
    • The date you intend the LLC to go into effect (can be up to 90 days after the date you file the Articles of Organization)
  2. An LLC is officially formed when the Missouri Secretary of State approves and files the Articles of Organization. You will receive notice when your LLC has been approved.
    • If you do not want your LLC to go into effect immediately, make sure to specify a delayed effective date on the Articles of Organization when you submit it.[8] Whenever you file the Articles of Organization, the LLC will not be approved as operable until the effective date that you specify on the form.
  3. [9] [10] If the need arises, you can officially alter an LLC’s Articles of Organization. For instance, if you want to change an LLC’s name, then you can file an Amendment of Articles of Organization. Similarly, if you realize there was a mistake on your Articles of Organization (such as forgetting to list a partner), then you can file a Statement of Correction for Limited Liability Company.
    • There is a $25 fee to file an Amendment of Articles of Organization that must be submitted with the form.
    • There is $10 to file a Statement of Correction for Limited Liability Company that must be submitted with the form.
    • Each document must list the change(s) to be made, and the reason for the change(s), in addition to basic information like the name of the LLC.
  4. In Missouri, this form is used to change a company’s registered agent, or to change the registered agent’s address, or both. The form is available from the website of the Missouri Secretary of State.[11]
    • There is a $10 fee to file this form.
    • The completed form should be mailed along with payment to: State of Missouri Secretary of State, Corporations Division, PO Box 778, 600 W. Main St., Rm. 322, Jefferson City, MO 65102.
    • If you just need to change the registered agent’s address, you may instead complete and submit a Statement of Change of Business Office of a Registered Agent, mailed to the same address along with a $10 fee.[12]
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About this article

Clinton M. Sandvick, JD, PhD
Co-authored by:
Doctor of Law, University of Wisconsin-Madison
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 18,793 times.
13 votes - 100%
Co-authors: 8
Updated: February 9, 2023
Views: 18,793
Thanks to all authors for creating a page that has been read 18,793 times.

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