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Forming an LLC in Oklahoma

Created by FindLaw's team of legal writers and editors.

If you're ready to form an LLC, keep in mind that completing the requirements as directed is necessary to make sure your business is legitimately formed. This article discusses the required steps for forming an LLC in Oklahoma, including a useful link to forms to help you get the job done on your own.

Forms for Oklahoma LLC Formation

An important step to take when creating an Oklahoma LLC is filing formation documents. You can begin this relatively easy process with FindLaw's Oklahoma LLC Formation Package.

LLC Attributes

An LLC or "limited liability company" combines elements of both corporations and partnerships. An LLC has "flow-through" taxation the same way that a partnership does, but it also offers owners protection against personal liability for the company's debts and judgments in a similar way that a corporation does.

Overview of Forming an LLC in Oklahoma

Although the requirements for forming an LLC are similar, each state has its own specific rules. Read on for an overview of forming an LLC in Oklahoma.

Statutes

Oklahoma Statutes Title 18. Corporations:

  • Section 18-2004 (articles of organization)
  • Section 18-2012.2 (operating agreement)
  • Section 18-2054.2 (conversion of limited liability company)

Name the LLC

Oklahoma law requires that the LLC names must:

  • Contain the term "Limited Liability Company"; or "Limited Company"; or
  • Approved abbreviations including "L.L.C.", "L.C." or "LLC"; and
  • Be different from the names of existing businesses that are already registered.

Check with the Oklahoma Secretary of State Business Name Search Database for name conflicts.

You may reserve an LLC name for 60 days by registering with the Oklahoma Secretary of State paying a fee. You can file online or via regular mail.

Select a Registered Agent

Every Oklahoma LLC must have an agent for service of process purposes if the company is sued.

Requirements for the registered agent:

  • Must have a physical street address in Oklahoma; and
  • May be an Oklahoma resident; or
  • A business entity authorized to do business in Oklahoma.


File Articles of Organization

You must file the Articles of Organization of an Oklahoma Limited Liability Company with the Secretary of State.

The filing (which includes fees) must include the following information:

  • The LLC's name and address;
  • The LLC's term of existence; and
  • The registered office's name and address.

You can file online or via regular mail.

Create an Operating Agreement

Although Oklahoma doesn't require it, it's a good idea to create an operating agreement.

Comply with Tax Requirements

If your company sells goods and collects sales tax, or has employees, you will likely have to register with the Oklahoma Tax Commission.

If your LLC has more than one member, then you must apply for an employer identification number (EIN).

Determine Necessary Business Licenses

You may have to obtain local and state business licenses, depending on the type of business and the location.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Forming an LLC in Oklahoma: Related Resources

Connect with an Attorney about Forming an LLC in Oklahoma

If you're having problems with formation issues, consider discussing your situation with an experienced legal professional. Connect with a business organization lawyer near you today to get the help you need in forming or managing your business in the state.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.