HOW TO FORM AN LLC IN RHODE ISLAND
If you’re ready to form an LLC in Rhode Island, Rhode Island Registered Agent LLC is ready to get the job done. We’ll take it from here and provide you the best LLC formation service in the industry. We guarantee that your LLC is formed as quickly as possible with 100% accuracy. Forming your Rhode Island LLC just got awesome.
Here’s what our Rhode Island LLC formation process includes:
- Articles of Organization filed by professionals
- The filed Certificate of Formation, emailed directly to you
- Access to the Client Portal so you can manage and maintain your LLC
- One year of registered agent service
- Annual LLC renewal reminders
On top of all of that, we’re all about fairness and integrity. That’s right. No BS. No gimmicks. Just straightforward service with transparent pricing. It’s as simple as that.
|Rhode Island LLC State Fee||$156.00|
|Our Formation Service Fee||$100.00|
|One Year of Registered Agent Service||$49.00|
Why should I choose Rhode Island Registered Agent LLC?
We thought you’d never ask! You should choose Rhode Island registered Agent LLC to form your LLC because, to put it simply, we’re the best. We’re inexpensive, fast, and straightforward. Time is money–money you could be investing in your new business. Unlike our competitors, we’re not going to take more than we need of either.
Here’s How Our Process Works
It’s inexpensive, fast, and straightforward.
- Sign up today and let our team prepare and submit the required Articles of Organization.
- Sign into your secure digital client account to view or add any Rhode Island filing. This account also stores any service of process or legal correspondence that we receive on behalf of your LLC.
- In one to two business days, your LLC will be filed with the Rhode Island Secretary of State.
- The filers retrieve the Certificate of Formation from the Rhode Island Secretary of State website and email it directly to you.
- We keep a copy of all LLC documents in your client account for your easy access at any time.
Rhode Island LLC Advantages
- Business Privacy
Rhode Island does not require that LLC member information is made public record. The only identifying requirement to form an LLC is the name and address of the resident agent and organizer. Two roles we will happily fill–if you hire Rhode Island Registered Agent to form your LLC.
- Business Privacy
- Simple & Flexible
Rhode Island LLCs are not required to have meetings or submit meeting minutes. Additionally, an LLC formed in Rhode Island has much more flexibility when it comes to profit distribution for its members.
Can I form an LLC in Rhode Island if I live outside Rhode Island?
Yes. The only thing you need to have in Rhode Island is a resident agent who must have an actual, physical address in the state… which we just so happen to have Island Registered Agent LLC is here in the Ocean State, ready when you are to form your LLC.
We understand. We’re not for everyone. Here at Rhode Island LLC, even if you don’t want to hire us, we still want your business to bloom. If you want to form your LLC without our help, we want you to do it right. Here’s a brief DIY overview of how to form an LLC in Rhode Island.
RHODE ISLAND LLC GUIDE
Step-by-Step Instructions for Forming an LLC in Rhode Island
Choose a Name
All LLC names must be unique and distinguishable from any LLCs on file with the Rhode Island Secretary of State. Your LLC name must include the words “limited liability company,” or the abbreviation, “LLC,” with or without the punctuation. It’s a good idea to check and see if the name you want is available on the Rhode Island Business Portal website.
Complete the Articles of Organization
The Articles of Organization is the form that is filed with the Rhode Island Secretary of State to form your LLC. You are required to provide the following information on this form:
- The name of your LLC
- The name and address of its Rhode Island resident agent
- How the LLC will be treated for federal tax purposes
- The address of the principal office of the LLC
- If the LLC is member-managed or manager-managed
This form is oftentimes referred to as “Form 400.” A PDF of it can be found at the Rhode Island Secretary of State Library website. The document must be type to be accepted. All illegible documents will be rejected.
File the Articles of Organization
Once the Articles of Organization is complete, you can file the document online, via mail, or in-person with the Rhode Island Secretary of State Division of Business Services. The Articles of Organization are considered officially filed when the Secretary of State Office accepts the Articles and all necessary fees are paid.The filing fee to file the Articles of Organization is $150. There is currently no option to expedite an LLC formation in Rhode Island. If you are paying by check, make checks payable to R.I. Department of State. When the Articles of Organization are accepted, a Certificate of Formation will be issued by the Secretary of State.
Processing Time Acceptable
7-10 Business Days Check, Money Order Division of Business Services
148 W. River St.
Providence, RI 02904-2616
In-person <1 Business Day Check, Money Order, Cash, Card Office of the Secretary of State
148 W. River St.
Providence, RI 02094-2616
Electronic 1-2 Business Day Card Business Services Online Filing System
For more information on Rhode Island Secretary of State filing fees, visit the Fee Schedule for the Division of Business Services website or call the Secretary of State office at (401) 222-3040.
Is my LLC formed yet?
To find out if your LLC has been formed, you need to search the Secretary of State’s corporate database for your LLC name. Once you find it, you can download the Articles of Organization It’s a good idea to save and print a few copies of this document for your records. The Rhode Island Secretary of State will not inform you in any way if your LLC was successfully formed. However, if your LLC is rejected, you will receive a rejection with your returned fee.
Write an Operating Agreement
An operating agreement is any agreement of the members of the LLC regarding how the LLC will conduct business. It outlines the management structure of the LLC, the power and duties of managers, buyout rules, how to amend the operating agreement, what to do is a member dies, and how to resolve disagreements between members.
You are not required to file the operating agreement with the Rhode Island Secretary of State Office. In fact, you are not even required to have one. However, it is highly recommended that you do.If you do not have an operating agreement that sets forth important information about decision-making and LLC membership, the default rules in The Rhode Island Limited Liability Company Act will apply if your LLC is ever in Court. These rules may not be ideal for your LLC so it is a good idea to establish regulations tailored to your LLC when your form it.
Obtain an EIN
If you plan to open a business banking account, you will need to obtain an Employer Identification Number (EIN), a unique nine-digit number, from the Internal Revenue Service (IRS). An EIN is used by the IRS for federal tax purposes. EINs are free to obtain and you can apply for one by visiting the IRS website.
Apply for Additional Licenses and Permits
Many businesses require licenses and permits at the city, state, and federal level. If you think your business may require one of these, you should look into it. A comprehensive list of necessary licenses and permits is available online at the State of Rhode Island department of Business regulation website.
File an Annual Report
The annual report is a document filed with the Rhode Island Secretary of State that contains information about your LLC, including:
- The name of the LLC
- The principal filing office address
- LLC manager information
- The name and address of the resident agent
There is a $50 fee to file your annual report, and it must be filed during the annual report filing window between September 1 and November 1, beginning one year after the formation of your LLC. The Secretary of State will send a reminder to your resident agent prior to September 1 of each year.
The annual report form is commonly referred to as “Form 632,” and can be found and filed online at the Rhode Island Secretary of State website. If you file your annual report early, your filing will be rejected. If you file after December 2, you will be issued a $25 late fee. Failure to file your annual report will result in the revocation of your LLCs Certificate of Organization.If you do not want to file your report online, you can submit it via mail, with the filing fee, to:
Division of Business Services
148 W. River Street
Providence, Rhode Island 02904-2615
Stressing out yet?
Don’t. You can still hire Rhode Island Registered Agent LLC to get the job done right. Our package includes:
- Completed Articles of Organization
- Fast and accurate filing done by professionals
- A custom operating agreement
- Annual report reminds
If you’re feeling like your “To Do” list might eat you alive, let us give you hand with it.
RHODE ISLAND LLC FORMATION
FREQUENTLY ASKED QUESTIONS
What is a Rhode Island LLC resident agent?
A resident agent is an individual or legal entity that will accept all legal service for the LLC as well as any correspondence from the state. In some states this is called a registered agent. The resident agent must have a valid street address in Rhode Island. P.O. box addresses do not count. You are required to select a resident agent and list the name and address of the agent on the Articles of Organization.
If, for any reason, the LLC changes its resident agent, a Statement of Change must be filed with the Secretary of State or the Certificate of Organization may be revoked.
How will the IRS tax my LLC in Rhode Island?
There are several options for how your LLC should be treated for federal tax purposes. You can select “partnership,” “corporation,” or “disregarded as an entity separate from its members.” These options do not change the fact that your LLC is still a separate entity for you. They only inform the Internal Revenue Service (IRS) how your entity should be taxed. As far as Rhode Island is concerned, your LLC is a legal entity. At the federal tax level, your LLC will be specifically classified as one of these tax entities.
If your LLC is a multi-member LLC, you can select the partnership option. This means that your LLC will be federally taxed like a partnership. LLCs with more than one member will default to a partnership status for federal tax purposes, unless the members file for a corporation tax status. Even if you select the “partnership” option, you will be required to pay an annual charge equal to the minimum business corporation tax. This charge is currently $400 and is subject to change yearly.
You can also choose to have your LLC taxed as a corporation depending on current and future best interests of your LLC.
- Disregarded as an Entity Separate From Its Members
An LLC with one member can file as a disregarded entity separate from its members. By default, single-member LLCs are filed as disregarded entities. This doesn’t mean that the LLC entity is disregarded, it only means that it is taxed as a sole proprietorship at the federal level. If your LLC is taxed as a disregarded entity, like the partnership option, you will be required to pay an annual charge equal to the minimum business corporation tax. Even if the entity itself is not taxed, members are still required to report their profits on a separate form as personal income.It is not Rhode Island Registered Agent LLC’s intent or purpose to provide any tax advice or guidance. We leave that job to the tax professionals. These definitions only serve to shed light on the section of the Articles of Organization that require federal tax information. For more information, check out the Rhode Island Division of Taxation website or the Rhode Island Department of Revenue Division of Taxation Entity Filing Requirements website.
What is a principal office?
The principal office is the physical location where the business documents are kept. This address must be a physical address located in Rhode Island. You can use your home address, an office address, an address of a friend or a family member (with their permission, of course), or the address of the LLC’s resident agent. Rhode Island LLCs are required to keep the following documents at its principal office:
- A current list of the full name and last known business address of each member and manager
- Records that indicate the capital values and voting rights of the LLC members
- A copy of the Articles of Organization
- Copies of the LLC’s federal, state, and local income tax returns and reports for the last five years
- A copy of any written operating agreement
- Any written records of proceedings
- Five years worth of financial statements
Any member of the LLC may ask to see or copy these documents at any time during normal business hours. Additionally, the LLC is required to submit any of these documents to secretary, director, or attorney general of Rhode Island within five business days upon written request.
Who is a member of a Rhode Island LLC?
A member of an LLC is an individual who has ownership interest in in the company. Unless otherwise specified in a written operating agreement, all LLCs are assumed to be member-managed by the State of Rhode Island. In a member-managed LLC, decisions are made by a majority vote in which each member is entitled to a percentage of the vote based on the the proportion of their interest in the company, unless otherwise specified in the operating agreement. Additionally, this value determines the distribution of all profits and losses to LLC members.
LLCs are required to vote on the following decisions, unless otherwise stated in the operating agreement:
- The dissolution of the LLC
- The sale of any assets of the company
- Any merger of the company
- Any transaction that involves or may involve a conflict of interest
However, any decision can be made without a meeting if all the voting members or managers consent to the decision in writing beforehand.
Who is a manager of a Rhode Island LLC?
A manager is an individual elected by the members of the LLC to manage the business functions of the LLC. An operating agreement outlines the terms, limits, and conditions of management. An LLC can have one or more managers, or it can be member-managed. If an LLC has more than one manager, decisions are made by majority vote of the managers.
Who is an authorized person?
An authorized person is an individual who is permitted to act on behalf of the LLC. An authorized person can be a member of the LLC, however it is not required that they are. Additionally, it is not necessary that the authorized person owns any part of the company.
Consequently, Rhode Island Registered LLC can act as the authorized person and form your Rhode Island LLC for you.