When you form an LLC, the Articles of Organization is just the beginning. There's a full set of legal documents that keep your LLC protected, compliant, and operating properly — and most new business owners only find out about the others after something goes wrong. This checklist covers every document you need, clearly labeled as required or recommended.
Quick Answer
Every LLC requires: Articles of Organization (to legally form), an Operating Agreement (to define how it runs), and an EIN from the IRS (for banking and taxes). Strongly recommended documents include: a registered agent agreement, annual report filings, and a business bank account resolution. Optional but useful: power of attorney, healthcare directive for sole member LLCs, and a buy-sell agreement for multi-member LLCs.
IN THIS GUIDE
- Required LLC documents
- Strongly recommended documents
- Optional but useful documents
- Documents for multi-member LLCs
- Personal legal documents LLC owners should have
- Complete LLC document checklist
- Frequently asked questions
Required LLC Documents
These are the documents your LLC legally cannot exist without. Missing any of these means your LLC either isn't properly formed or isn't legally compliant.
1. Articles of Organization
This is the document that legally creates your LLC. You file it with your state's Secretary of State (or equivalent agency — Maryland files through SDAT, for example). It typically includes:
- Your LLC's official name
- Your LLC's principal address
- Your registered agent's name and address
- Whether the LLC is member-managed or manager-managed
- Names of members or organizers (varies by state)
Once the state approves and stamps your Articles of Organization, your LLC officially exists. Brendat files this on your behalf as part of every formation plan.
STATE FEE REMINDER
Filing fees vary by state — from $50 (Colorado, Michigan, Arizona) to $300 (Texas). Brendat's order system shows the exact fee for your state before you checkout.
2. Operating Agreement
The operating agreement is your LLC's internal rulebook. It's the most important document for defining how your business actually runs. While not every state legally requires you to file it publicly, most states require LLCs to have one — and even where it's not mandatory, operating without one is a serious mistake.
Your operating agreement should cover:
- Ownership structure — who owns what percentage of the LLC
- Profit and loss distribution — how money is split among members
- Management decisions — who can make which decisions, voting rights
- Member contributions — what each member put in (cash, property, services)
- What happens if a member leaves — buyout terms, transfer restrictions
- Dissolution process — how the LLC winds down if needed
⚠️ DON'T SKIP THIS
Without an operating agreement, your LLC is governed entirely by your state's default LLC laws — which may not reflect how you actually want your business to run. Disputes between members with no operating agreement get messy fast.
Brendat's Standard and Premium plans include a customized operating agreement drafted specifically for your LLC and state.
3. EIN (Employer Identification Number)
An EIN is your LLC's federal tax ID number — like a Social Security Number but for your business. You get it from the IRS, and it's free to apply for directly. You need an EIN to:
- Open a business bank account
- Hire employees
- File federal and state business taxes
- Apply for business licenses and permits
- Apply for business credit
Even single-member LLCs with no employees need an EIN for proper business banking. Brendat's Standard plan includes EIN filing — we handle the IRS application so you don't have to.
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Strongly Recommended Documents
These aren't always legally required, but every LLC that's serious about staying protected and compliant should have them.
4. Registered Agent Agreement
Every LLC must have a registered agent — a person or company with a physical address in your formation state who receives legal documents (lawsuits, state notices, compliance reminders) on behalf of your LLC during business hours.
If you use a professional registered agent service like Brendat's, you'll have a formal registered agent agreement on file. Keep this document stored securely — you'll need to reference it if you ever switch agents or update your state records.
5. Annual Report / Statement of Information Filing Records
Most states require LLCs to file an annual or biennial report to stay in good standing. These aren't one-time documents — they're ongoing compliance obligations. Keep records of every annual report you file, including the filing confirmation and receipt.
Missing an annual report filing can result in your LLC being suspended, dissolved, or losing its liability protection — the whole reason you formed an LLC in the first place.
STATE-BY-STATE-NOTE
Arizona and New Mexico have no annual report requirement. Oklahoma charges just $25/year. California requires a Statement of Information (biennial, $20) plus the $800 annual franchise tax. Maryland's annual report is $300, due April 15th.
6. Business Bank Account Resolution
When you open a business bank account for your LLC, the bank will typically require a "banking resolution" — a formal document signed by the LLC members that authorizes specific individuals to open accounts and conduct banking transactions on behalf of the LLC.
This document confirms to the bank that you have the authority to act for the LLC. Many banks have their own template, but your operating agreement often serves this function too.
7. Business Licenses and Permits
Forming an LLC doesn't automatically give you permission to operate your specific type of business. Depending on your industry and location, you may also need:
- A general business license from your city or county
- A professional license (contractors, healthcare, food service, etc.)
- A sales tax permit if you sell physical products
- A home occupation permit if you work from home
- Industry-specific permits (alcohol, childcare, transportation, etc.)
Requirements vary enormously by state, city, and industry. Check with your local government and state licensing board to confirm what's required for your specific business.
Optional but Useful LLC Documents
8. Membership Certificates
Membership certificates are the LLC equivalent of stock certificates — physical (or digital) documents that show each member's ownership percentage in the LLC. They're not legally required in most states, but they're useful for formalizing ownership records, especially when you have multiple members or plan to bring investors on board later.
9. Non-Disclosure Agreement (NDA)
If your LLC will work with contractors, employees, or business partners who will have access to sensitive business information — your client list, pricing, proprietary processes — an NDA protects that information legally. An NDA is a contract that prohibits the other party from sharing your confidential information without permission.
Optional
10. Independent Contractor Agreement
If your LLC hires freelancers or contractors (rather than employees), a written independent contractor agreement is essential. It defines the scope of work, payment terms, who owns the work product (intellectual property assignment), and confirms the contractor is not an employee. This protects your LLC from misclassification liability.
Documents for Multi-Member LLCs
If your LLC has more than one member, these additional documents become especially important:
Buy-Sell Agreement
A buy-sell agreement (sometimes called a "business prenup") defines what happens to a member's ownership interest if they want to leave, become incapacitated, file for bankruptcy, or die. Without one, you could end up in a situation where a deceased member's spouse becomes your new business partner — or where a departing member can sell their ownership interest to anyone they choose, including a competitor.
This document works alongside your operating agreement and should be reviewed by a qualified business professional for your specific situation.
Personal Legal Documents LLC Owners Should Have
Beyond business documents, there are personal legal documents that directly protect you and your LLC if something unexpected happens to you personally. These are especially important for sole-member LLC owners — because if you become incapacitated with no plan in place, no one may have the legal authority to keep your business running.
Power of Attorney
A power of attorney (POA) is a legal document that authorizes someone you trust to make financial and legal decisions on your behalf if you're unable to do so. For LLC owners, this is critical — if you're hospitalized, traveling abroad, or otherwise unavailable, someone needs the legal authority to sign contracts, access business accounts, and make decisions for the LLC.
A durable power of attorney remains in effect even if you become incapacitated — which is exactly when you need it most. Without one, your family may need to go to court to establish a legal guardian just to keep your business running.
Healthcare Directive (Living Will)
A healthcare directive — also called a living will or advance directive — specifies your medical wishes and authorizes someone to make healthcare decisions on your behalf if you can't. While this is a personal document rather than a business one, it's directly relevant to LLC owners.
If you're the sole member of your LLC and you're incapacitated with no healthcare directive and no power of attorney in place, your business can effectively be frozen while family members navigate legal proceedings to establish decision-making authority. Getting these documents in place protects both you and your business.
NOTE FROM BRENDAT
Brendat is not a law firm. We do not draft power of attorney or healthcare directive documents. We recommend consulting a licensed estate planning professional for these personal legal documents. We mention them here because they directly affect business continuity for LLC owners.
Complete LLC Document Checklist
LLC Formation Documents
✅ Articles of Organization — filed with and approved by your state
✅ Operating Agreement — signed by all members
✅ EIN Confirmation Letter (CP 575 from IRS) — keep the original
✅ Registered Agent Agreement — with agent name and address on file
Ongoing Compliance Documents
✅ Annual Report Filings — keep copies of every year's filed report and confirmation
✅ Business Licenses and Permits — city, county, state, industry-specific
✅ Banking Resolution — for your business bank account
Operational Documents (as needed)
✅ Membership Certificates — for each member (optional but useful)
✅ NDA Templates — for employees, contractors, partners
✅ Independent Contractor Agreements — for all freelancers/contractors you hire
✅ Buy-Sell Agreement — for multi-member LLCs
Personal Legal Documents (for LLC owners)
✅ Power of Attorney — durable POA naming a trusted person to act for you
✅ Healthcare Directive — living will + healthcare proxy
Frequently Asked Questions
What documents are needed to form an LLC?
To form an LLC, you need: Articles of Organization (filed with your state), an Operating Agreement (internal document defining how the LLC runs), and an EIN from the IRS. You also need to designate a registered agent with a physical address in your formation state. Brendat handles all of these as part of our formation plans.
Is an operating agreement legally required for an LLC?
It depends on the state. California, New York, and Missouri legally require LLCs to have an operating agreement. Most other states don't require it, but operating without one is a serious mistake — without it, your LLC is governed by default state rules that may not reflect your intentions. Every LLC should have a signed operating agreement from day one.
Do I need a power of attorney for my LLC?
Not for the LLC itself, but as an LLC owner — especially a sole member — you personally should have a durable power of attorney in place. If you become incapacitated, someone needs legal authority to manage your business affairs. Without a POA, your family may need to go through court proceedings just to keep your business running.
What is the most important document for an LLC?
The operating agreement is arguably the most important internal document for an LLC. While the Articles of Organization creates the LLC legally, the operating agreement governs everything about how it actually operates — profit splits, decision-making authority, what happens when members join or leave. Without it, you have no control over these critical elements.
Does an LLC need to keep physical copies of documents?
Your LLC should maintain records of all key documents — Articles of Organization, operating agreement, EIN letter, annual report filings, meeting minutes (if applicable), and major contracts. Many states have record-keeping requirements for LLCs. Secure digital copies backed up in multiple locations are acceptable alongside physical copies.
What happens if my LLC doesn't have an operating agreement?
Without an operating agreement, your LLC defaults to your state's standard LLC rules — which may not reflect how you want the business to run. In multi-member LLCs, this can lead to serious disputes over profit distribution, decision-making, and what happens when a member wants to leave. Courts have also been more likely to "pierce the corporate veil" (removing liability protection) for LLCs that lack proper documentation.
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About the Author
Brendat Editorial publishes practical guidance for founders navigating business formation, compliance, and growth in the U.S.