Business Formation Checklist (Free PDF)

The Business Formation Checklist (Free PDF) is a simple planning tool for people forming a company in the United States. It walks through the common setup steps, the documents you may need, and the places to verify information, including your state Secretary of State and IRS.gov.

The checklist covers topics like:
- choosing a business structure
- checking and reserving a business name when your state allows it
- filing formation documents with the state
- getting an EIN, which is an Employer Identification Number issued by the IRS for tax and business identification purposes
- naming a registered agent, which is a person or company authorized to receive official legal and government mail for the business
- preparing internal agreements
- reviewing licenses, permits, and ongoing compliance tasks

It is general educational information only, not legal advice, and it does not create an attorney-client relationship. If you want help applying these steps to your situation, you can get matched with a lawyer for free.

One of the first decisions is what kind of legal entity to form. The checklist helps you compare the basic options and write down the questions you want to confirm with a licensed attorney or tax professional.

Common structures include:
- LLC, which means Limited Liability Company, a business structure that can help separate the owner's personal assets from business liabilities and is often used by small businesses
- C-corp, which means C corporation, a corporation that is taxed separately from its owners and is often used when a business plans to raise investment or issue different classes of stock
- S-corp, which means S corporation, a tax election that can allow certain qualifying corporations or LLCs to pass profits and losses through to owners for federal tax purposes
- sole proprietorship, which is a business owned by one person without a separate legal entity
- general partnership, which is a business owned by two or more people who have not formed a separate entity

The best fit depends on issues like ownership, taxes, management, fundraising plans, and risk. The checklist also prompts you to think about whether you are starting alone or with co-owners, because that affects both formation and internal agreements. For a deeper overview, see LLC vs. corporation: which is right and how to form an LLC in the US.

After choosing a structure, the checklist walks you through the state filing step. For many LLCs, that means filing articles of organization, which are the official formation papers submitted to the state to create the LLC. For corporations, your state may use a different name, such as articles or certificate of incorporation.

The checklist also reminds you to confirm:
- the exact filing office, usually the Secretary of State or similar state agency
- your business name rules and availability
- your registered agent information
- your business address requirements
- whether your state requires an initial report or publication notice

Then it covers internal governance documents. For an LLC, that often includes an operating agreement, which is the written document that explains who owns the LLC, how it is managed, how profits are handled, and what happens if an owner leaves. If you have co-founders, you may also need founder terms or a partnership agreement. See partnership and founder agreements and business entity formation.

If you want to use a name different from the legal company name, the checklist notes a DBA, which means Doing Business As, a registered trade name used for branding or public-facing operations. DBA rules are local and state-specific, so verify them with the right filing office.

Once the company exists, the next step is basic operational setup. The checklist includes applying for an EIN through IRS.gov. An EIN is often needed to hire employees, open a business bank account, file certain taxes, and complete many onboarding forms. You can read more in what is an EIN and how to get one.

The checklist also reminds you to separate business and personal activity as early as possible. That usually means using the legal business name consistently, keeping formation records organized, and opening a business bank account after you confirm the bank's requirements.

It also covers contracts that many new businesses need. Examples include:
- an NDA, which means Non-Disclosure Agreement, a contract used to protect confidential information shared with employees, contractors, vendors, or potential partners
- an MSA, which means Master Services Agreement, a contract that sets the general legal terms for an ongoing business relationship, often with project details added later in separate work orders or statements of work
- service agreements, contractor agreements, and client terms

The right documents depend on how your business earns money and who you work with. You can learn more at contracts and agreements.

Forming the company is only the start. The checklist includes a final review section for state, local, and federal follow-up tasks so you do not miss deadlines after formation.

That section may include:
- business licenses and permits required by your city, county, state, or industry
- annual reports or similar state renewal filings
- tax registration steps depending on your activities and state
- recordkeeping for ownership and company decisions
- lease review if you will rent space

The checklist also flags the BOI report, which means Beneficial Ownership Information report, a federal filing that may require certain companies to report information about the people who own or control the business. BOI reporting rules can change, so always confirm current requirements with the official federal source and a licensed attorney if needed.

If you are signing for office, retail, or warehouse space, legal review can be especially important. See commercial leases and real estate and business compliance and licensing.

You can download the free PDF checklist to keep for reference, then use it as a question list when speaking with a lawyer. If you want help finding one, get matched for free. FoundryCounsel is not a law firm and does not provide legal advice; it is a free matching service for business owners.