Forming an LLC in Pennsylvania
Created by FindLaw's team of legal writers and editors | Last updated February 14, 2019
If you're contemplating forming an LLC, you'll want to understand every aspect of this process in order for it to go smoothly. This article discusses the process of forming an LLC in Pennsylvania, including links for necessary forms and relevant statutes.
Forms for Pennsylvania LLC Formation
Just like forming a corporation, establishing an LLC in Pennsylvania involves the filing of specific forms, many of which can be completed on your own. If you're considering a do-it-yourself approach, FindLaw's Pennsylvania LLC Formation Package has everything you need to get started.
LLC vs. Other Business Types
In Pennsylvania, you have a few options for structuring your business. You can form an LLC, which is a business type that contains owners (members) who have limited liability against the company's court judgments and debts just like a corporation. An LLC also provides the same tax advantages that a partnership does; however, it requires more effort to form an LLC in contrast to the relative ease of forming a partnership. If you're a licensed professional, you may also consider a restricted professional company.
Restricted Professional Companies
Pennsylvania recognizes restricted professional companies for licensed professionals. Both restricted professional companies and other professionals can form LLCs in Pennsylvania. However, certain professionals must form a restricted professional company instead of a regular LLC. Those professions are:
- Chiropractic;
- Dentistry;
- Law;
- Medicine/surgery;
- Optometry;
- Osteopathic medicine/surgery;
- Podiatric medicine;
- Public accounting;
- Psychology; and
- Veterinary medicine.
Other licensed professionals that aren't on the list may form a regular LLC, but may be subject to additional rules and regulations under Pennsylvania law.
Forming an LLC in Pennsylvania: Summary of the Law
While there are a lot of similarities in the LLC formation process among states, you must know the specific requirements in your chosen state for proper compliance. Read on for information on how to form an LLC in Pennsylvania.
Statutes |
Pennsylvania Statutes Title 15 Pa. C.S.A.: |
Name the LLC |
Pennsylvania LLC names must:
Use the Department of State Business Name Database to check for name conflicts. File a Name Reservation with the Pennsylvania Department of State to reserve a name for 120 days. Along with a fee, you can file the form online or via mail. |
Select a Registered Office |
Select a "registered office" (referred to as "registered agents" in other states) who will accept legal documents if the LLC is sued. The registered office:
|
File Certificate of Organization |
You must file a Certificate of Organization with the Department of State. The filing (which includes fees) must include the following information:
A "New Entity Docketing Statement" must accompany the Certificate. The contents must include:
|
Create an Operating Agreement |
Although Pennsylvania doesn't require them, it's recommended that you , it's recommended that you create an operating agreement. |
Comply with Other Tax and Regulatory Requirements and Determine Necessary Business Licenses/Permits |
If your business sells goods or you have employees, then you'll likely have to register with the Pennsylvania Department of Revenue (DOR). You may also have to obtain local and state business licenses. |
Annual Reports |
After LLC formation, Pennsylvania doesn't require LLCs to file an annual report, except for LLC that provide restricted professional services; they must file an annual registration with the Department of State. |
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.
Foreign LLCs
All LLCs organized outside of the state must register with the Pennsylvania Department of State to do business in Pennsylvania. If you already have an LLC and want to register to do business Pennsylvania, then you'll need to form a foreign LLC.
Forming an LLC in Pennsylvania: Related Resources
Are You Ready to Start Forming Your Pennsylvania LLC? Contact a Lawyer
Forming an LLC in Pennsylvania is generally a simple process. However, you might have specific concerns about restricted professional companies or other matters that require legal expertise. Don't delay contacting a skilled Pennsylvania attorney.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.