The first step in forming a Pennsylvania Limited Liability Company is to make sure the name you want is available.  

It’s critical to do a name search before registering an LLC name, as the name of each LLC must be distinguishable from other entity names registered in the state of Pennsylvania. The Pennsylvania Department of State makes it easy to search and verify if your LLC name is available.  Here is more information on how to do a Pennsylvania LLC name search

In addition to the name being unique, the entity designator (identifier used at the end of the business name) must be either:
– Limited Liability Company
– Limited Liability Co.
– Ltd. Liability Company
– Ltd. Liability Co.
– Company
– Co.
– LLC
– L.L.C.
– Limited
– LTD
– Ltd.

If there is a name you want but are not ready to register the LLC, you can file the Name Reservation Form (SSCB:15-208) with the Pennsylvania Department of State to hold a name for up to 120 days.

Before finalizing your LLC name, you may also want to see if a domain name is also available to have a matching website address.

Every LLC in Pennsylvania is required to have a Registered Office Address (sometimes referred to as a Registered Agent in some states). A Registered Office Address is a street address where legal documents, tax notices, summons, subpoenas, etc. (Service of Process) can be sent to the LLC.

The basic requirements for a Registered Office Address in Pennsylvania include:
– The address must be a physical street address in the state (PO Boxes aren’t allowed).
– Somebody must generally be available during normal business hours at the address provided to receive service of process.

Learn more about the requirements for a Registered Office in Pennsylvania.

Listing a Registered Office Address becomes public record, and with that comes a loss of privacy. This is more important for some entrepreneurs, especially when doing business from home or still employed.  Hiring a commercial Registered Agent service like Northwest Registered Agent will help keep the owner’s names from being publicly listed.

The paperwork to officially create an LLC in Pennsylvania is called the Certificate of Organization. To submit the paperwork, either file online through the Pennsylvania Department of State’s website or download and mail the Pennsylvania LLC Certificate of Organization (Form DSCB:15-8821).

Related: How to fill out the Pennsylvania Certificate of Organization

When filling out the Certificate of Organization, a few sections and terms can be confusing. Let’s go over a few of these sections to help get your LLC started right.

Initial Registered Office – If the initial registered office is the LLC’s physical address or the address where the business records are stored, select (a) and enter the address below.

The Registered Office Address can be your home address or any physical street address in the state, however, a Post Office Box is not allowed.

Commercial Registered Office Provider (CROP) – If hiring a commercial registered office service, they must first be registered with the Department of State.  If they are, select (b) and enter their name and county from the drop-down menus.

Organizer Information – An LLC Organizer is someone involved with the formation of the Certificate of Organization.  The Organizer may or may not become a member, such as a mentor, attorney, or accountant, but any LLC member can be listed as an organizer.

At least one organizer and their address must be listed.  After all of the organizers have been listed, click on “Save and Continue.”

Effective date of Certification of Organization – If you want the LLC to start immediately, choose the box that says, “The Certification of Organization shall be effective upon filing in the Dept of State.”.  If you want to start the LLC later, select the box that says “The Certification of Organization shall be effective on (month date year hour, if any)” and enter the date of your choice.  The main reason for delaying the LLC start date is when the filing is being done close to the end of a calendar year, and the business isn’t going to have any activity until the start of the year.  By delaying the start date until the following year, you can eliminate the need to file a partial-year business tax return.

Professional Company – If the services of the LLC have to be licensed by the state, enter “Applicable” in the drop-down menu and select the types of licensed services.  For more information about professional licensing, see Pennslyvania Business Licenses and Permits in our state guide.  Some common licenses are for Chiropractic, Dentistry, Law, Medicine, Optometry, Podiatric, Public Accounting, Psychology, or Veterinarians.

Public Benefit – A public benefit LLC is a for-profit LLC that intends to have a positive impact on society and the environment. 

A public benefit LLC is more complicated than a Domestic LLC as in addition to filing a Certificate of Organization [DSCB:15-8821], a docketing statement [DSCB:15-134A], will also be filed with the Bureau of Corporations and Charitable Organizations. 

FEIN – The FEIN (Federal Employer Identification Number) is a unique federal business identification number, much like a social security number for an individual.  We recommend leaving this field blank until the LLC is filed with the Department of State.  If the name you plan to use can’t be registered, it will need to be revised with the IRS.  More information about how to apply for an LLC FEIN.

Description of Business Activity – Provide some basic information about what the business will do. 

Related: How to Answer the Business Purpose Statement.

In addition to filing the Certificate of Organization, Form DSCB:15-134A Docketing Statement – New Entity must be filed at the same time.

The docketing statement obtains information such as the entity name, tax responsible party, description of the business activity, FEIN (Federal Employer Identification Number), and LLC tax year.