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Start an LLC in Rhode Island how-to

Fine jewelry. Sailing. Newport and Brown University. Rhode Island is known for many things including the historic Beavertail Lighthouse and Colt state Park. 

Find out all you need to know to set up your Rhode Island LLC, cost breakdowns and where to start.


Summary


1. Name Your Rhode Island LLC
2. Select a Rhode Island Registered Agent
3. File the Articles of Organization
4. Receive a Certificate From the State
5. Create an Operating Agreement
6. Obtain an Employer Identification Number (EIN)
7. File Biennial Reports
Costs and Next Steps
FAQs

One of the many benefits for small companies is the restricted liability protection and tax breaks that are available to them via forming an LLC. Follow these easy steps to get your limited liability company (LLC) up and going in Rhode Island if you’ve decided that an LLC is the most suitable business structure for your requirements.

Note that you have the option of forming the limited liability company (LLC) yourself, or you can find a professional company formation agency to do all of the legwork on your behalf.

1. Give Your Rhode Island LLC a Name

When choosing a name for a limited liability company (LLC) in the state of Rhode Island, there are two primary rules that must be followed:

  • The name of a limited liability company (LLC) must be able to be differentiated from the names of other business organizations already registered with the Rhode Island Department of State.
  • One of the following terms or abbreviations must be used in the name of a limited liability company (LLC): “Limited Liability Company,” “LLC,” or “L.L.C.” It is acceptable to use either upper or lowercase forms for abbreviations.

Check LLC name availability

Using the Rhode Island Department of State Business Entity Search, you may check to see whether the name you have selected for your limited liability company (LLC) is being used by another company in Rhode Island.

Make a reservation for your company’s name with the State Department

When you have found a name for your limited liability company (LLC) that is not in use by another company, you may reserve it with the Rhode Island Department of State to prevent that name from being used by another company until you are able to submit your articles of organization.

You may reserve a name for up to one hundred and twenty days by submitting a Reservation of Entity Name form to the Corporations Division of the Department of State either online or via mail. The filing cost is fifty dollars.

2. Choose a registered agent in the state of Rhode Island

A registered agent in Rhode Island is required of every limited liability company operating in the state. If the limited liability company (LLC) is taken to court, this refers to a person or company that has agreed to accept service of process on its behalf.

The Registered Agent might be a resident of Rhode Island or a business entity that is licensed to conduct operations in the state of Rhode Island. It is required that the Registered Agent have a real, live street address in the state of Rhode Island.

What exactly is the role of a Registered Agent?

A Registered Agent is a person or business entity that is accountable for receiving important tax forms, legal documents, notice of lawsuits, and official correspondence from the government on behalf of your company. This can include tax forms, official papers, notice of lawsuits, and official correspondence. Consider the role of your personal representative as that of the point of contact for your company with the state.

Who is eligible to serve as a Registered Agent?

A Registered Agent must either be an individual who lives in Rhode Island on a permanent basis or a company that is permitted to carry on business in the state of Rhode Island. An example of the latter would be a Registered Agent service. You have the option of selecting anybody who works for the organization, including yourself.

3. Publish your company’s articles of incorporation

Your limited liability company (LLC) will be formally recognized after you have a document called the Articles of Organization that lays forth fundamental information about your business. Because this form serves as the legal registration for your company with the state, it is essential that all of the details be accurate.

What should be included in a company’s Articles of Organization?

When completing the Articles of Organization for your Rhode Island limited liability company, you are required to include the following information:

  • LLC’s name
  • If the term of the LLC is permanent or restricted.
  • Address of the main office of the limited liability company Name and address of the registered agent for the limited liability company
  • Location where the Secretary of State should send notifications to the limited liability company (LLC) through mail.
  • How the Limited Liability Company (LLC) will be run: by its members or by its managers
  • Whether or whether the limited liability company will offer professional services
  • Name and address of each LLC organizer and at least one member or management familiar with its activities
  • LLCs that are considered to be operating in a state other than the one in which they were first registered are considered to be foreign LLCs and are required to pay a separate fee.

Submission of Your Organization’s Articles of Incorporation

In order to make your limited liability company (LLC) legally recognized in the state of Rhode Island, you will need to submit the Articles of Organization to the Department of State’s Business Services Division and pay the filing cost of $150. You have the option of submitting your Articles of Organization either in person, through mail, or online.

If you submit your return through the online system, you will be subject to a “price for increased access” in the amount of six dollars. Regardless of the method you choose to submit your documentation, the state will process it within three to four business days after receiving it.

4. Obtain a Certificate From the Government of Your State

After the formation paperwork of the LLC has been submitted and authorized, the state will send you a certificate that proves the LLC’s official existence in response to a written request for a copy together with the appropriate amount of postage.

With this certificate, the limited liability company will be able to get an Employer Identification Number (EIN), as well as business permits and business bank accounts like Novo checking or Kabbage.

5. Draft an Operating Agreement for Your Company

Even while establishing a detailed LLC operating agreement is not a legally required step for founding a limited liability company in Rhode Island, it is highly suggested for all new limited liability firms to do so.

The following items should be included in the operating agreement:

  • Describe the business structure of the limited liability company.
  • Determine the specific duties and commitments that each member of the limited liability company (LLC) has
  • Mapping out the operational structure of the LLC.

Without an operating agreement outlining the specific duties of each member, a limited liability company (LLC) may face significant legal and practical difficulties.

6. Obtain an EIN number

A number of limited liability companies (LLCs) will be required to get a Federal Employer Identification Number (EIN), often known as a tax ID number. An Employer Identification Number (EIN) is a nine-digit number that identifies your company to the Internal Revenue Service. 

You need an EIN in order to pay federal employer taxes, open a bank account (in most situations) or recruit staff.

On the website of the Internal Revenue Service (IRS), which is accessible without charge, you may check to see whether you need an EIN and submit an application for one online. 

Single-member limited liability companies, which are an exemption to the rule that most