Starting LLC in Oklahoma: Peculiarities & Detailed Manual
Want to start an LLC in Oklahoma? It is a profitable decision for a business, as the state has waived corporate tax in favor of gross corporate income tax. So you’ve decided to start an LLC? Not sure how to initiate the process? To start an LLC in Oklahoma, you need to get ready for several stages.
We’ve prepared a guide for you with just six steps to form your LLC and to get success! You can also refer to the virtual LLC formation service.
Note: ZenBusiness is the best service to file the LLC. You’ll surely appreciate reasonable prices, company values, and other peculiarities.
An Oklahoma LLC: The Notion & Essence
Many Oklahoma business owners choose to start an LLC. So, unlike a corporation, they can take advantage of flexible management. We’re talking about the protection of personal assets that sole proprietorships and general partnerships lack.
The state of Oklahoma puts forward simplified requirements for registration and maintenance of LLC and invites business owners to choose the type of taxation. Do you still have doubts about the LLC?
6 Stages to Form an LLC Correctly
Stage №1: Choose Your LLC Name
The LLC name is a significant aspect, as it is the name of your company that makes the first and strongest impression on the audience of your potential customers! The name must be different from existing company names and must meet Oklahoma’s regulatory requirements. Now get started with the following aspects.
LLC name in terms of jurisdiction
The State of Oklahoma obliges business owners to include the abbreviation DDS or the phrase – limited liability company in the name. Please note that the terms corporation or registered are prohibited. In addition, you cannot use the designations of other forms of business: banks or law firms.
Take care of the explanations
You must include in the title an explanation of the nature of your business. For example, if you are engaged in the computers’ repairing, write in the LLC title – computer wizard. If you have any values or principles, also indicate this. For example, if you are farming, use the term natural, nitrate-free, etc.
So, you need to get a little creative and fully comply with Oklahoma’s legal requirements.
Stage №2: Hire a Registered Agent
A registered agent is called a statutory agent in Oklahoma and will help you to start an LLC. The agent can be an Oklahoma resident, natural or legal attorney responsible for sending and receiving legal documentation on behalf of the future company. A company representative can also be an employee of the company or its owner. The State of Oklahoma notifies:
Every domestic LLC must maintain a registered agent in Oklahoma. Generally, the agent accepts lawsuits on behalf of the company they work under. The role of a registered agent can undertake a resident of the state or a company, domestic or foreign, which has the legal capacity to do business in Oklahoma.
A registered agent guarantees an excellent reputation for your Oklahoma LLC. Also, if your business gets worse, Oklahoma can take legal action against it without notifying you. The registered agent will always receive appropriate notification and will be able to take timely measures to protect your interests as an attorney.
You should apply to the online service to get started a business in compliance with all regulations and requirements. So, you will have the opportunity to filter spam and protect your personal and contact information. If you use the ZenBusiness and Northwest Registered Agent to form an LLC, you will receive the free services of a registered agent.
Stage №3: Applying for Registration
To register a business in Oklahoma, you must file the Articles of Association with the Oklahoma State Secretariat. If you are anxious about your LLC formation, you can submit your documents for pre-processing, which will allow the Secretary of State’s office to advise you of the eligibility. It can be a good option if you get started for the first time in an LLC without consulting an attorney. Be sure to provide:
- The desired name of your business.
- Personal and contact details of the registered agent.
- Business management form.
- Personal and contact details of the manager of your company.
- Signature of the applicant and registered agent.
- Date of application submission.
The fee to launch an LLC: Oklahoma demands a $100 fee to ground an LLC.
Processing Time: Oklahoma office needs around 1-2 weeks to handle the mailed filings and forward them to you. You’ll have finalized version within one business day with your documents filed online. With a $25 expediting fee, your documents will be handled within an hour. Please be aware that the procession won’t start until you’ve sent all necessary forms duly filed.
Stage №4: The Operating Agreement Background
While an operating agreement is not binding in Oklahoma, creating one could significantly improve the company’s climate. An operating agreement is a document that describes the structure of a project, the way it works, the rights and obligations of each partner.
This document reflects the consistency of partners and thereby reduces the chance of controversy and disputes. Therefore, it is significant that all members of the future LLC carefully read this document before joining the company.
An attorney can help draw up an operating agreement and determine the way income and liabilities will be distributed among the owners of your LLC. You will find more information about the operating agreement here. Prepare to enter the following information:
- Names of all participants.
- The rights and obligations of each of the listed participants.
- Description of procedures for voting or resolving differences between members.
- Regulations on the financial share of participation of LLC members.
- Description of the way you’re going to manage the LLC.
So, do not neglect this stage of LLC formation. It largely guarantees your safety and the observance of your rights by all members of the business project.
Stage №5: Tax Compliance
To conduct a business that you want to register as an LLC successfully, you need to comply with several tax requirements at various levels.
Requirements of Federal Significance
Does your LLC involve multiple owners? Then you need to take care of the EIN! The EIN, or Employer Identification Number, is a unique nine-digit number assigned by the IRS to US corporations. This number must be obtained by all business owners under whose leadership the hired employees work. A business owner can obtain an EIN from the IRS in person or by mail.
Your state’s cess requirements
Oklahoma determines the state-level taxes on the ground of your LLC nature. With a flow-through entity owned by one proprietor or run in partnership, you must cover income taxes derived from the individual tax returns.
Companies registered as corporations must pay the state’s corporate income taxes. It currently amounts to 6%. You’ll obtain further details on corporate income taxes in Oklahoma here.
LLCs engaged in retail sales are obliged to sales taxes. In most cases, it amounts to 4.5% in Oklahoma. But first, you must acquire a special permit dedicated to sales tax, which costs $20. Details on rates and obligations relevant to sales tax are available here.
LLCs that hire employees must cover taxes dedicated to the labor force. Essentially, entrepreneurs must arrange withholding taxes netted of staff’s wages. You simply extract an agreed portion of their income and send it to the state office. Further details on withholding taxes are offered here.
Besides, you must fund unemployment insurance of the state. The payment isn’t a tax, still, you must forward it regularly. You’ll access more information at Oklahoma Employment Security Commission.
Aside from general taxes, the state charges fees relevant only to some industries. For instance, Oklahoma charges extra LLCs managing fuels and others. All business taxes required in Oklahoma are offered here.
Local Tax Business Demands
The exact location of your company influences your taxation as well. Thus, several counties demand extra sales taxes. You’ll get a comprehensive picture of local taxes here.
Stage №6: Getting Business Licenses & Permits
You don’t have to acquire a statewide general business license to do a business in Oklahoma. Still, the state maintains licensure for certain branches regulated by the government.
There belong LLCs managing alcoholic beverages, nuclear energy, mining, and others. We suggest you consult the list of federally-regulated industries with mandatory permits offered by the Small Business Association.
Since Oklahoma maintains specific taxation, it requires special permits for several business industries. Oklahoma provides several options for these permits, so you’ll find the one reflecting your company.
We advise you to consult the database of business licenses arranged by the state here. Keep in mind that local municipalities may also demand additional licenses.
Other Stages for Business Owners After LLC Registration
After completing the six mandatory steps towards starting an LLC, you need to take care of the following.
Opening a business bank account
Separate your personal and LLC accounts. Thus, you will be sure of the safety of your personal and financial data. Besides, you won’t have any hassle when filing your charge returns. Your EIN will help you open a business account quickly, no matter what you choose a bank or credit union.
All owners of companies/corporations, regardless of their form of management that attracts employees, must go through the compensation insurance procedure. All basic and detailed information is available with the Oklahoma Bureau of Workers’ Compensation.
This policy aims to protect the rights of workers who are injured at work and unable to work. It will not be superfluous to get a civil liability insurance policy, as well as pay attention to some other types of insurance.
The procedure is rather simple – you are to inform the state of your profit or your losses in case your company suffers damages. Oklahoma provides you with all necessary details on rules and payments involved in income reporting here.
Referring to the services of a qualified accountant
The state expects every LLC to present an annual report. Here, you’ll submit it online. You can also download the pdf version and send the paper per post. Be aware annual reporting is charged with a $25 fee. The report updates the Oklahoma government on all vital changes your LLC has undergone over a fiscal year.