Answers
What documents do I need to start a business?
The documents you need to start a business in the US depend on your business structure, your state, and what you sell. Many owners need only a few core filings, while others also need contracts, licenses, or permits before opening.
The short answer
Most new businesses need some combination of these documents:
- Formation filing with the state. For a limited liability company, or LLC (a business structure that can separate the owner's personal assets from business debts), this is often called articles of organization (the document filed with the state to create the LLC). For a corporation, this is often called articles of incorporation or a certificate of incorporation.
- Operating agreement for an LLC (the internal document that says who owns the company, how decisions are made, and how profits and losses are handled), or corporate bylaws for a corporation.
- Employer Identification Number, or EIN (the IRS tax ID number for a business), if needed for taxes, hiring, or banking.
- Registered agent information (the person or company listed to receive legal and state notices for the business).
- DBA, or "doing business as" name filing (a filing that lets a business use a public name different from its legal name), if you will use a trade name.
- State or local licenses and permits, if your type of business or location requires them.
- Owner or partner agreements, especially if more than one person is involved.
- Basic customer or vendor contracts, depending on how you operate.
You may not need every item on this list. The right set depends on your state, tax choice, industry, and whether you have co-owners, employees, a storefront, or regulated activity. Official rules usually come from your Secretary of State, your city or county licensing office, IRS.gov, and sometimes a licensed attorney. FoundryCounsel is not a law firm and does not give legal advice, but we can help you get matched for free with a licensed business-law attorney.
What changes based on your situation
A one-person online business often needs fewer documents than a restaurant, contractor, daycare, or company with multiple founders.
Here are common differences:
- Sole proprietor: often no state formation filing, but you may still need a DBA, local license, EIN, or tax registration.
- LLC: usually state formation documents, a registered agent, an operating agreement, and often an EIN. See How to Form an LLC in the US.
- Corporation: usually state formation documents, bylaws, stock records, an EIN, and corporate resolutions. If you are comparing structures, see LLC vs Corporation: Which Is Right.
- Partnership with co-owners: a founder or partnership agreement is important even if the state does not force you to file one. See partnership and founder agreements.
- Hiring workers: you may need payroll tax registrations, workers' compensation setup, and employment documents.
- Leased space: you may need to review a commercial lease before signing. See commercial leases and real estate.
- Regulated business: you may need industry permits or professional licenses before you can legally operate.
Some businesses may also need a BOI report, or Beneficial Ownership Information report (a federal report that may require certain companies to disclose who owns or controls the business). Rules can change, so check official federal guidance and ask a licensed attorney if you are unsure.
A simple example
Example: two friends want to open a small marketing agency in Texas under the public name "Blue Cedar Studio."
They may need:
- An LLC filing with the Texas Secretary of State.
- A registered agent listed in the filing.
- An operating agreement that explains ownership, voting, pay, and what happens if one owner leaves.
- An EIN from IRS.gov for taxes and banking.
- A DBA filing if the LLC legal name is different from "Blue Cedar Studio."
- Service contracts for clients. This may include an NDA, or non-disclosure agreement (a contract to protect confidential information), and an MSA, or master services agreement (a main contract that sets the general business terms for ongoing work).
- Any city or county business license required locally.
That same list would look different for a food truck, retail store, or home-based childcare business because permits, health rules, zoning, and lease issues may be different.
What to do next
Start with a short checklist:
- Choose your business structure.
- Check your Secretary of State website for formation requirements.
- Check IRS.gov to see whether you need an EIN. You can also read What Is an EIN and How to Get One.
- Check city, county, and state licensing rules for your location and industry.
- If you have co-owners, a lease, investors, or custom contracts, talk with a licensed attorney before you sign or file.
If you want help figuring out which documents apply to your business, you can use FoundryCounsel to get matched with a licensed business-law attorney. Matching is free for business owners. When you ask for help, send only contact details and a short description of what you need. Do not send sensitive information like Social Security numbers, tax ID numbers, bank account details, immigration status, or confidential business secrets through a form.
An honest note
This is general educational information, not legal advice, and does not create an attorney-client relationship. Laws and fees vary by state and change over time — confirm details with a licensed attorney and official sources before you act.
Most businesses need a few basic formation and tax documents, but the exact list depends on your state, your business type, and whether you have partners, employees, contracts, or licenses.
Common questions
Do I always need an LLC to start a business?
No. Some people start as sole proprietors, while others form an LLC or corporation. The best choice depends on liability, taxes, ownership, and how you plan to run the business.
Do I need an EIN if I am the only owner?
Sometimes. Many single-owner businesses can use the owner's tax number for some tax purposes, but an EIN is often needed for banking, hiring, or certain filings. Check IRS.gov.
Is an operating agreement required for every LLC?
Not in every state, but it is often a smart document to have even when not required. It helps show how the LLC will be run and can prevent disputes.
Can FoundryCounsel tell me exactly which documents I need?
FoundryCounsel is not a law firm and does not provide legal advice. We offer general educational information and a free way to get matched with a licensed business-law attorney who can advise you based on your state and business.
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