US Business Formation Documents: Requirements, Process, and More [2025]

Remember your first road trip? Just grab the keys and go. Then reality hits – maps, snacks, gas money, and that weird noise your car makes when it hits 65.

 Turns out even the simplest plans need some prep work.

That’s exactly what happens when starting a business in the US. Everyone talks about the dream, the freedom, the next big idea. But very few mention the paperwork maze that comes first.

So, yes, we get it. And, decided to do something about it and – ended up creating this guide. 

If you are in the process or planning to form a business in the US and are unaware of documentation requirements, you’ve got this guide to back you.

No legal mumbo-jumbo or endless rabbit holes of terminology. Just what you need to get your business rolling, explained in plain English. 

What Documents Do I Need to Form a Business?

The legal documents create the shield that protects your personal assets and lets you operate legally. 

The specific documents you need depend on factors like your business structure, location, and industry. However, there are some core documents which serve as a great starting point – and you might not need much other documents after getting these. 

1. Articles of Incorporation/Organization

For corporations, Articles of Incorporation outline authorized shares of stock and the rights of shareholders. If you’re forming an LLC, your Articles of Organization detail member information and basic management structure. Both types require filing with your Secretary of State’s office, along with a fee that typically ranges from $100 to $500, depending on your location.

These documents establish your business as a legal entity in your state. Think of them as your business’s birth certificate – without them, your business doesn’t legally exist. 

They spell out essential details like:

• Company name
• Purpose of the business
• Registered Agent
• Details about the stock structure (for corporations)

The names reflect fundamental differences in structure. “Incorporation” points to a corporation’s formal nature and ability to issue stock as a separate entity, while “Organization” reflects an LLC’s simpler, more flexible approach to organizing its members. 

Both serve the same core purpose – establishing your business legally – just through different frameworks based on your business type.

2. Employer Identification Number (EIN)

Just as individuals have Social Security numbers, businesses need EINs. This nine-digit number identifies your company to the IRS and becomes crucial for everything from filing taxes to opening business bank accounts. The good news? Getting one is free through the IRS website, and you’ll usually receive it immediately after applying.

While sole proprietors without employees can use their Social Security number instead, most other businesses – including all corporations, partnerships, and LLCs – need an EIN. Even if you’re starting solo, getting one helps separate your personal and business finances.

3. Operating Agreement (LLC) or Corporate Bylaws

An Operating Agreement (for LLCs) or Corporate Bylaws (for corporations) cover details like:

• How decisions are made
• Who owns what percentage
• How profits and losses are shared
• What happens if someone wants to leave
• How disputes get resolved

These documents work as your business’s instruction manual. They outline exactly how your company operates, from daily management to major decisions.

Even when your state doesn’t require these documents, they’re essential for preventing misunderstandings and legal issues down the road. Plus, banks often want to see them before opening business accounts.

4. Business Name Registration

Want to make sure no one else can use your business name? That’s where name registration comes in. Before you get too attached to a name, you’ll need to check if it’s available and register it with your state. This step is essential unless you’re a sole proprietor using your legal name.

Double-check trademark databases too. After all, nothing’s worse than building brand recognition only to receive a cease-and-desist letter.

How to File Business Formation Documents

Document Type	Initial Steps	Filing Requirements	Key Considerations	Timeline
Articles of Inc/Org	– Choose a business name – Gather information about owners/directors – Select a registered agent	– File with the Secretary of State – Pay filing fee – Include all required signatures	– Name must be unique – Some states require newspaper publication – Address requirements vary	2-3 weeks typical; expedited service available
EIN Application	– Complete IRS Form SS-4 – Have responsible party info ready	– Submit online or by mail – No filing fee	– One EIN per business structure – Must have valid Tax ID for the responsible party	Immediate online; 4-5 weeks by mail
Operating Agreement/Bylaws	– Draft document – Get member/shareholder approval	– Usually kept internally – Some states require filing	– Consider future scenarios – Get legal review recommended	No set timeline; it’s complete before the operations
Business License	– Research requirements – Gather needed certifications	– File with appropriate agencies – Pay licensing fees	– Requirements vary by industry/location – May need multiple licenses	Varies by license type

State-Specific Document Requirements

While federal requirements remain consistent across the country, state-specific documentation needs can vary significantly. So, before you start filing paperwork, it’s crucial to understand what your particular state demands.

Each state maintains its own rules about business formation, and these differences can impact everything from filing fees to processing times. What works in Delaware might not work in California. Plus, your requirements might even vary between cities and counties within the same state.

Here’s what typically varies by state:

• Filing Procedures: Some states offer same-day processing and online submissions, while others require paper forms and take weeks to process. For instance, New York requires publication of your business formation in local newspapers, but most other states don’t.
• Naming Requirements: States have different rules about what makes a business name acceptable. Some require specific words like “Limited” or “Corporation,” while others prohibit certain terms without special permission.
• Registered Agent Rules: While all states require a registered agent, some allow business owners to serve as their own agents, while others mandate third-party services.
• Annual Requirements: Maintenance requirements differ too. Some states need annual reports and fees, others operate on biennial schedules, and a few have minimal ongoing requirements.
• Tax Registrations: Each state has unique tax registration processes. For example, some require separate state tax IDs, while others rely on your federal EIN.

Before starting your paperwork, check your Secretary of State’s website for specific requirements. Better yet, consider consulting with a local business attorney who knows your state’s quirks. 

Ongoing Documents Requirements To Operate in the US

The work isn’t over once you’ve filed your initial formation documents. Maintaining your business’s legal status requires ongoing attention to various requirements. Let’s look at what you need to keep track of.

1. Annual Reports and Filings

Most states require regular reports about your business’s basic information and activities. These reports keep your state updated on details like your business address, registered agent, and officer information.

Each state sets different due dates and fees – missing them can result in penalties or even business dissolution. So it’s smart to set reminders well in advance.

2. Corporate Records Maintenance

Proper record-keeping is now legally required. You’ll need to document major business decisions, maintain meeting minutes, and track ownership changes. This paper trail protects your limited liability status and proves you’re operating as a legitimate business entity.

3. License and Permit Renewals

Business licenses and permits typically aren’t one-and-done. Many need regular renewal, and requirements can change. From local business licenses to industry-specific permits, keep a calendar of expiration dates and renewal requirements.

4. Tax Obligations

Beyond annual income tax returns, you might need to file quarterly estimated taxes, payroll taxes, or sales tax returns. Each tax type has its own deadlines and requirements. Missing these can lead to significant penalties, so consider working with a tax professional to stay compliant.

5. Business Verification Requirements

As your business grows, verifying the identity and legitimacy of your customers and business partners becomes increasingly important. Proper verification helps prevent fraud, ensure regulatory compliance, and protect your business from potential legal issues.

Businesses nowadays need robust verification systems. This includes checking customer identities, validating business credentials, and monitoring transactions for suspicious activity. Traditional manual verification processes can be time-consuming and prone to errors.

Thankfully, automated identity and document verification solutions can help streamline these processes. APIs from providers like Signzy can verify customer identities in real time, validate business documents, and ensure compliance with regulations – all while providing a smooth experience for your customers.