The first step in forming a Washington State LLC 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 Washington. The Washington 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 Washington 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.
– L.L.C.
– LLC

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

If there is an LLC name you want to use, but you are not ready to register the LLC, file the Name Reservation Form with the Secretary of State to hold the name for up to 180 days.

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 trade name (sometimes referred to as a fictitious business name, assumed name, DBA, or Doing Business As name).  Registration of the Trade Name can be applied for at the same time as the Business License Application.

Before settling on a name, you may want to do a domain name search to match your business name and website address.

Every LLC in Washington 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 Washington include:
– The agent must be a Washington resident at least 18 years of age (Non-Commercial Registered Agent) 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 Washington.

An 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 protect the owner’s privacy.

The paperwork to officially create an LLC in Washington is called the Certificate of Formation (called the Articles of Organization in many states). To submit the paperwork, either file online through the  Washington Secretary of State’s website. If you prefer to fill out and mail the application, download the Certificate of Formation Form.

Related: How to fill out the Washington LLC Certificate of Formation

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

Defer Initial Report – Every LLC is required to file an Annual Report, and the first one is named the Initial Report.  The Initial Report is due within 120 days of the LLC being approved.

It’s recommended to file the Initial Report along with the Certificate of Formation, as the option to defer will result in additional fees.

UBI Number – UBI stands for “Unified Business Identifier” and is a unique identification number for entities in the state of Washington.  Most filers wouldn’t have filed for this number already and would choose “No.”

Principal Office Street Address – In this section, enter the phone number and an email for the principal office.  This does not have to be an official business email. 
Next, enter the initial principal office’s street address, city, state, and zip code.  This address can be the LLC’s physical address, or the address where the business records are stored.  You may not use a PO Box for the designated office.

Address Confidentiality Program – If you are a part of the Washington Address Confidentiality Program, you can check this box.

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

Effective Date – If you want the LLC to start as soon as possible, “Date of Filing.”  If you want the LLC to start later, enter a date less than 90 days in the future.  The main reason to consider delaying the LLC start date is when the filing is made close to the end of a calendar year, and the business isn’t going to have any activity until the start of the year.  You can eliminate the need to file a partial-year business tax return by delaying the start date until the following year.

Executor – An LLC Executor (known as an Organizer in most states) is someone involved with the formation of the Certificate of Formation.  The Executor may or may not become an LLC member, such as a mentor, attorney, or accountant, but any LLC initial member can be listed as an executor.  At least one person must be listed as an Executor.

Governors – A Governor refers to the members or managers of an LLC.

At least one governor needs to be listed.  Some filers will want to leave out the governors to protect their privacy.  The downside is that it may be difficult to obtain signing authority from the bank for any governors that are not listed.

Nature of the Business – Here, you are asked to provide some basic information about what the business does.  Open the drop-down menu to look at the basic categories.  If your business isn’t listed in any category, you can type in detailed information in the box.

If you want to keep the business purpose more open-ended or not disclose what your business does, you can select  “Any Lawful Purpose” from the drop-down menu.

Within 120 days of forming your LLC in Washington, an Initial Report will be due. The Initial Report is similar to the Annual Report that will be filed every year.

LLCs filed online through the Secretary of State’s website have the price of the initial report included in the formation cost. LLCs filed by mail will have to pay an additional $30.