Are you looking to form a Limited Liability Company (LLC) in Oklahoma? If so, you’ll need to file the Oklahoma LLC Articles of Organization with the Oklahoma Secretary of State. Although creating an LLC takes some effort and planning, it can be an excellent way for business owners in Oklahoma to protect themselves from personal liability.
I’ll explain the basics of forming an LLC in Oklahoma by going over how to fill out the Articles of Organization and answer some common questions people have when filling out this form.
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Table of ContentsThe Oklahoma Articles of Organization is the official document filed with the Oklahoma Secretary of State to establish a Limited Liability Company (LLC). After the filing is approved by the state, the business can officially begin operating and register for the necessary business licenses and permits.
To file the Oklahoma Articles of Organization, you will need to submit the completed SOS FORM 0074 LLC Articles of Organization form to the Oklahoma Secretary of State. The form can be completed and sent by mail or filed online.
In this example, I’ll go over how to register for an LLC online.
The first step in filling out the Oklahoma Operating Agreement is to pick a business name.
There are a couple of requirements when choosing an Oklahoma Limited Liability Company name.
1. The name of your LLC must not be too similar to the name of another business entity already registered with the state of Oklahoma. You can verify name availability by doing an Oklahoma LLC name search with the Oklahoma Secretary of State to be sure the LLC name is available.
2. The name of the LLC must include one of the following entity identifiers at the end of the business name:
– Limited Liability Company
– Limited Company
– L.L.C.
– LLC
– L.C.
– LC
Additionally, the word limited may be abbreviated as Ltd., and the word company may be abbreviated as Co.
Enter the LLC name, including the identifier, to continue. If you choose a name that is taken, the Secretary of State will show existing businesses with similar names, so be sure your name doesn’t match any of them.
The effective date is like the “birthday” of the LLC.
You have the option of choosing the filing date, which is when the Oklahoma Secretary of State approves the paperwork. If you aren’t ready to file just yet, you can choose to have the effective date be up to 90 days after the filing date. Otherwise, select “Filing Date” and then click “Next.”
The address of the principal place of business is the primary address of the LLC. It may be the actual place of the business or the main location where the business records are kept, but it is not required to be.
A physical address must be used for the principal place of business, as P.O. Boxes are not acceptable.
There is also a field to enter an email address. This address will be used for sending the reminder for the annual certificate renewal. Be sure to use an email address that is frequently checked, as you don’t want to miss this notice.
In this section, you can indicate how long the LLC intends to remain in existence. Most LLCs will choose a Perpetual duration; however, some businesses (usually investment-related) will have a specific closure date set.
If you have a specific end date in mind, enter the future closure date and click “Non-Perpetual Duration. Otherwise, click “Perpetual.”
One requirement for having an LLC in Oklahoma is to appoint an Oklahoma registered agent. The registered agent is a party located in Oklahoma that will receive important notices and service of process (which means accepting papers that start a lawsuit) on behalf of the LLC. The registered office’s address must be a physical street address, as a PO Box isn’t allowed.
Provided the LLC member lives in the state of Oklahoma, they may act as the registered agent, or the agent can be any adult resident of the state (Select “Individual”) or registered agent service (Select “Business.”)
Enter the name and address of the registered agent and click “Next.”
If you wish to include additional items regarding the formation of the LLC (not common), attach them to this section.
In step 7, the person filling out the Articles of Organization will certify the information provided is correct. This person will add their digital signature and click “Next” to review.
Before submitting the Articles of Organization, you have another chance to review the information that was entered.
If it all looks correct, click “Continue.”
Enter payment information and then submit the Oklahoma LLC Articles of Organization to the Oklahoma Secretary of State.
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The cost to file the Oklahoma LLC Articles of Organization to form an LLC in Oklahoma is $100.
It normally takes 1-2 business days when filing online or 3-4 weeks when filing by mail for the Oklahoma Secretary of State to process the LLC paperwork.
Oklahoma Statute § 18-2012.2 states that an Oklahoma LLC operating agreement is optional. Although it isn’t required, it is recommended that most LLCs have one, as it can help prevent disputes among members and better protect the LLC’s legal status.
The requirements for business licenses and registrations in Oklahoma vary depending on what the business does and where it’s located.
Only Oklahoma LLCs that either have more than one member, will hire employees, or elect to be taxed as a partnership or corporation are required to get an Employer Identification Number (EIN).
The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).
If the LLC isn’t required to get an EIN (though you can still get one), the LLC will use the social security number of the business owner.
Businesses that require occupational licensing in Oklahoma, such as accountants, architects, veterinarians, etc., can form a Professional LLC (PLLC) instead of an LLC. Filing for a PLLC is very similar to that of an LLC.
A foreign LLC isn’t a special type of LLC. Instead, it’s an LLC that was formed in another state (domestic LLC) but wants to physically operate in Oklahoma. Physically operating means having a presence, such as having an office or hiring an employee.
