Oklahoma LLC Formation – Basics & Helpful Information
General Overview of the process to form an LLC in Oklahoma
This article is meant to be a general overview of the Oklahoma LLC formation process and other basic issues related to LLCs.
Oklahoma Filing Time
If you are filing the Articles of Organization electronically via the Secretary of State’s website, the time to process is 1-2 business days. If you mail the forms in with your payment, it will take 3-5 business days and approximately another 3-5 business days to receive your confirmation by mail. If you take the forms to the SOS in person and pay an additional fee of $25, you can have your Articles of Organization processed within 30 minutes.
Oklahoma Annual Compliance Requirements
Oklahoma LLCs are required to file annual certificates. The cost to file the annual certificate is $25. You can find the annual certificate form on the Secretary of State’s website.
Form an LLC in Oklahoma
You can use this checklist to help guide you through the process of forming an Oklahoma LLC:
Step 1: Decide on a Business Name
The first step in creating an LLC in Oklahoma is naming your business. You’ll need to check with the Oklahoma Secretary of State to make sure the name you’ve chosen is available. You can do this online via the Oklahoma Business Name Availability Search or you can call the Secretary of State at (405) 522-2520.
It is also highly recommended that you check the US Patent and Trademark Office to see if someone has a federal trademark of the business name you want (the Oklahoma Secretary of State will not check other state’s databases or the federal trademark database). You can click here to have a comprehensive name availability search performed for you.
Your LLC name must contain the words “limited liability company” or “limited company” or the abbreviations “L.L.C”, “L.C.”, “LLC”, or “LC”. The word limited may be abbreviated as Ltd. and the word company may be abbreviated as Co.
Oklahoma Trade Names
A trade name is similar to a “doing business as” (DBA) name. Oklahoma trade names are only applicable in Oklahoma and are not substitutes for a national trademark filing.See more info on Oklahoma Trade Names →
Step 2: Register your LLC with the State
Oklahoma Articles of Organization
Your Oklahoma LLC is formed by signing and filing Articles of Organization with the Oklahoma Secretary of State. You can also e-file the Oklahoma Articles of Organization. The Secretary of State staff will examine the Articles for statutory compliance and will either approve the Articles for filing or reject them with instructions on how to resubmit.
Oklahoma Registered Agent Information
Oklahoma requires that the LLC have a Registered Agent, which is an individual or a business entity the LLC appoints for the purpose of accepting service of process (lawsuit papers or legal documents) for the LLC. An LLC cannot be its own registered agent, but the LLC can appoint one of its members as the registered agent. Oklahoma law requires that the registered agent have a permanent, physical address on the records of the Oklahoma Secretary of State at all times.Read more about Registered Agents →
Step 3: Create and Sign the LLC’s Governing Document
The governing document for an LLC is called the “company agreement” or sometimes the “operating agreement”. The company agreement is to an LLC like a partnership agreement is to a partnership (or bylaws to a corporation). The company agreement governs the internal operation of the LLC and is typically a private document that is kept in the company book and the principal place of business (it is NOT filed with the state). The company agreement can address many issues, some of the more common concepts found within a company agreement are:
- Limitations on the members liabilities
- The level of consent needed to take various actions (i.e. simple majority required to add new members)
- The percentage of the LLC that each member owns
- How profits and losses are allocated between the members (typically based on ownership percentages)
- Limitations on transferability
- What each member is contributing to the LLC and what happens is such contributions are not made.
- The authority of the members, officers, managers, committees, etc.
- How meetings are conducted
One of the reasons we recommend using an LLC formation company like IncFile is that they can provide you with a company agreement in connection with their LLC formation services.
Step 4: Get an EIN
After you form an LLC in Oklahoma, you can get the EIN. There are a few different ways to get an EIN:
- Apply Online Yourself: The IRS has an online EIN Application you can use to get an EIN. The turn around time on the EIN using this method is only a few minutes.
- Use Form SS-4: You can get an EIN the old fashion way by completing Form SS-4 and mailing or faxing into the IRS. How long does it take to get the EIN this way? According to the IRS: if you mail in Form SS-4, it will take 4-5 weeks to get your EIN. If you fax in Form SS-4 you should have the EIN back in a week if you provide a fax number or 2 weeks if you don’t have a fax number.
- Have a Third-Party Obtain: All of the LLC formation companies have the ability to get the EIN for you. The EIN obtainment charge varies by company, but it is generally between $50 and $100. If you get one of the higher priced packages, they will sometimes throw in the EIN for free.
Step 5: Get Licenses and Permits
After you create your new Oklahoma LLC, you’ll need to determine if your business/profession requires any licenses or permits to conduct business.Read more about Oklahoma Licensing and Permitting →
Registering a Foreign LLC in Oklahoma
If you have a non-Oklahoma LLC (aka Foreign LLC) and you are doing business in Oklahoma, you may need to register the Foreign LLC in Oklahoma. Each state has a different definition of “doing business”. In Oklahoma, the kinds of activities that would not constitute “doing business” are outlined in the Instructions to the Application for Registration of a Foreign LLC.
The filing fee for the Application for Registration of a Foreign LLC in Oklahoma is $300.