The first step in forming a Missouri 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 Missouri. The Missouri Secretary of State makes it easy to search and verify if your LLC name is available.  Here is more information on how to do a Missouri LLC name search

In addition to the name being unique, the entity designator (identifier used at the end of the business name) can only be one of the following names or abbreviations:
– Limited Liability Company
– Limited Liability Co
– Limited Company
– LLC
– L L C
– L.L.C.
– L. L. C.
– LC
– L C
– L.C.
– L. C.

While the Secretary of State page only shows “Limited Liability Company,” “Limited Company,” “LC,” “L.C.,” “L.L.C.,” or “LLC”, you can actually choose from all of the above.

A comma may be used after the business name and before the designator.  “Cowboy Cleaners LLC” and “Cowboy Cleaners, LLC” are both acceptable.

There are a few other naming guidelines to be aware of in Missouri, such as not using words that may imply the business is part of a state or federal government agency, like the name of a state department, FBI, or Treasury.

Also, unless additional paperwork is filed with the state, a business can’t use words such as bank, university, or any licensed professional such as an attorney or doctor unless the business is licensed to provide those services and a licensed individual is part of the LLC.

If you plan to use a different name from the one that you register (perhaps you want to run multiple businesses under the LLC), you can use a fictitious name (sometimes referred to as a trade name, assumed name, DBA, or Doing Business As name).  To register a fictitious name, file the Registration of Fictitious Name with the Secretary of State.

You may also want to see if a domain name is also available to have a matching website address.

Every LLC in Missouri is required to have a Registered Agent. A Registered Agent will act as a central point of contact to receive legal documents, tax notices, summons, subpoenas, etc., on behalf of the LLC.

The basic requirements to be a Registered Agent in Missouri include:
– The agent must be a Missouri resident at least 18 years of age or a commercial Registered Agent service with a registered office in the state.
– The agent must have a physical address in the state (PO Boxes aren’t allowed).
– The agent 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 Agent in Missouri.

Any individual meeting the requirements can be the agent; however, the agent’s name and address become 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 Missouri is called the Articles of Organization. To submit the paperwork, either file online through the Missouri Secretary of State’s website.  If you would rather file by mail, download the Missouri Articles of Organization (Form LLC-1)

Related: How to fill out the Missouri Articles of Organization

If you have questions, contact the Missouri Secretary of State, Corporations Division at 617-727-9640.

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

Domestic or Foreign LLC –
Most new businesses are going to select Domestic as this refers to the initial state of formation. Some businesses will need to file for a Foreign LLC if they have significant activities in another state, such as operating a warehouse or employing staff.

Related: What is the Difference Between a Domestic LLC and Foreign LLC?

Duration: In this section, you can indicate how long it will remain in existence.  Most LLCs will choose a Perpetual duration; however, some businesses (usually investment-related) will have a specific closure date.

Managed by:  This section asks if the LLC is Member-Managed or Manager-Managed.
– Member-Managed LLCs have an active involvement in the day-to-day operations of the business.

– Manager-Managed LLCs are hired by the members to run the LLC, similar to a CEO of a corporation.

Most LLCs are member-managed.

Purpose: Provide some basic information about what the business does.  You will need to provide some basic information; otherwise, the LLC filing will be rejected.  If you want to keep the business purpose more open-ended, you can add “and engage in any lawful business activity for which a Limited Liability Company may be organized in Missouri” in addition to the original purpose statement.

Effective Date: If you want the LLC to start on today’s date, leave this field blank, otherwise enter a date less than 90 days in the future to start.

Series LLC: A Series LLC provides liability protection across multiple asset groups or businesses, each of which would be protected from liabilities from the other series. The Series LLC is not a common choice and is most common with real estate investment companies. 

Organizers – An LLC Organizer is someone involved with the formation of the Articles of Organization.  The Organizer may or may not become an LLC member, such as a mentor, attorney, or accountant, but the initial members will all be listed as organizers.

Most states do not require an LLC to have an operating agreement, but it is required in Missouri, under Missouri law, Statute § 347.081.

The operating agreement is a legal document that governs the framework of an LLC.  This document covers items like ownership rights, member responsibilities, how profits and losses are distributed, and more.

Related: Missouri operating agreement template