- March 3, 2025
- Kelvin Birk
- Business
If you are starting a new business in Missouri, one of the first decisions you must make is to choose the structure that works for you. It is possible to set up your business as a Limited Liability Company (LLC), an S-Corporation, a sole proprietorship, a partnership for two or more people to own a business together, or some other business structure.
LLCs are a popular choice for small businesses due to their flexibility, limits on personal liability, and tax advantages. The following are things you need to do when creating an LLC in this state.
Steps to Create an LLC in Missouri
There are several tasks to setting up an LLC. Before doing anything, consider hiring a qualified business attorney who can efficiently and comprehensively complete paperwork required by the state to create an LLC. Leveraging a skilled attorney’s past experience can help you avoid pitfalls and problems down the road and allow you to concentrate on identifying marketing opportunities, hiring managers and staff, and focusing on starting your business.
To create an LLC in Missouri, follow these steps:
Select a name for your business.
Choose a business name that is unique and easy to remember and helps you stand out from the crowd and build your brand. You must avoid copyright infringement by double-checking and confirming that no other business in the state is already using this same name. Use the Missouri State of Secretary (SOS) name search tool to see if the one you have in mind is available. The name of every Missouri limited liability company must contain the word “limited company” or “limited liability company” or the abbreviation “LC,” “LLC,” “L.C.” or “L.L.C.”, and may not contain the words “corporation,” “incorporated,” “limited partnership,” “limited liability partnership,” “limited liability limited partnership,” or “Ltd.” or any abbreviation of one of those words.
You can reserve your preferred name for a business for 60 days by filing a name reservation form. You can extend the name reservation for a total of 180 days to hold the name you want while you’re in the process of filing the necessary paperwork. The filing fee is $25.
Domestic LLCs can also file for a “fictitious name” or “doing business as” (DBA) in addition to the legal name. Often, the fictitious name is the same as the legal name without the letters “LLC.” There are several requirements to register a fictitious name with Missouri, and failure to register can lead to a misdemeanor charge. Unlike your LLC’s legal name, you have no protection of your DBA name.
Designate a registered agent
All businesses, including LLCs, are required by law to designate a registered agent to receive service of process and legal notices on behalf of the business. A Missouri Registered Agent is an entity who accepts legal mail and state notices on behalf of your Limited Liability Company. The Registered Agent can be:
- You
- A friend or family member
- A Registered Agent Service.
All registered agents must have a Missouri street address, not a P.O. box, and their name and address will be listed on public records.
File Missouri LLC Articles of Organization
The Missouri limited liability company (LLC) statutes require that you file articles of organization with the Corporations Division of the Secretary of State’s Office. Section 347.039 lays out the information needed to file articles of organization, which includes:
- Company name, with the words Limited Liability Company, Limited Company, or an approved abbreviation like LLC
- Company purpose
- Name of your registered agent
- Duration of company – often perpetual if no known end date
- Name of your organizer, the person filling out your form and the address
- Series LLC – this is only for companies planning on creating an LLC made of separate units
- Effective date – you can choose a date up to 90 days in the future or leave blank if you want the date your LLC is approved
- Signature of organizer.
You can file your paperwork online at Missouri Business Registration Online Portal, or mail to: Corporations Unit
P.O. Box 778 / 600 W. Main St., Rm. 322
Jefferson City, MO 65102
Craft an operating agreement
Missouri statutes require all new LLCs to have an operating agreement. This is a handbook for how your LLC will operate and establishes the rules and regulations for the conduct of the company’s business and affairs, as well as matters such as voting structure for business decisions, allocation of income and losses among members, and tax issues. You do not have to file this with the state, but you must have the agreement on record or your LLC will be subject to Missouri’s default LLC laws.
Obtain an EIN (Employer Identification Number) from the IRS
This is necessary for tax purposes and to open a business bank account or to apply for loans. You can apply for an EIN by going to the IRS website.
Get a business bank account
You need a business bank account to separate your business from your personal finances.
Contact other state and federal agencies
New businesses have filing and communications obligations to the Missouri Secretary of State’s Office and other state and federal agencies. Staying current on these obligations is important. The Secretary of State’s Corporations Division offers a list of state agencies that a new business needs to contact. Click here for the list.
These steps will get you started on your path. To find out more, you can check out the Missouri Secretary of State’s office and its business launch recommendations and the Missouri Secretary of State’s FAQs.
What are Benefits of an LLC?
There are numerous benefits of forming a Limited Liability Company. Some of these include:
- Limiting your personal liability so your home, savings, and personal property are safe from business financial problems or lawsuits
- Reducing the paperwork and administrative responsibilities of running a business
- Being your own boss and running the show
- Avoiding pass-through deduction and double taxation — business income is only taxed once on members’ personal tax returns
- Easily sharing profits
- Remaining nimble and adaptive
- Having the most flexibility of any business structure, allowing for several options regarding how the LLC and its members are taxed. Missouri’s LLC Act allows members to customize their capital contributions, profit sharing, and management structure.
- Providing credibility. Forming an LLC enhances business credibility with customers and partners, often viewed as more established than sole proprietorships
In addition, costs for setting up an LLC in Missouri are low. There is a $50 fee to file the Articles of Organization online or up to $105 for paper filings. And it’s not expensive to have a business attorney take the burden off you to handle all the paperwork, make sure everything is set up and filed correctly, and advise you about additional LLC benefits and requirements.
Get Help Starting an LLC
Attorney Kelvin Birk is a Certified Public Accountant as well as a lawyer, and this combined expertise allows our law firm to provide a level of service above that of other firms. Kelvin knows the ins and outs of constructing an LLC and is ready to guide you through the process, filing the necessary paperwork with government entities, and providing guidance on structuring your LLC for optimal tax benefits. If you’re not sure whether an LLC or a different structure is your best bet, then we can review your options and discuss the pros and cons of each.
Whether you need help with drafting and filing documents, creating a legal business structure, securing licenses and permitting, crafting and reviewing contracts, or creating employment agreements, the skilled and experienced legal team at Birk Law Firm can help. If you have questions, we’d be glad to answer them.
To find out more about how Birk Law Firm can help, call us for an initial consultation at 573-332-8585.
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
