How to Form a Rhode Island LLC

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

Whether you're just starting your business or you've been operating it as a partnership or a sole proprietorship, you may be considering whether or not you want to form an LLC. However, before you can enjoy the benefits of flow-through taxation and limited personal liability that an LLC offers, you must first complete the necessary steps required for LLC formation. This article details how to form a Rhode Island LLC, including links to required forms and relevant statutes.

Forms for Rhode Island LLC Formation

The main task of forming an LLC involves completing documents and filing them with the proper agency. Using FindLaw's LLC Formation Package can help you create a Rhode Island LLC quickly and easily.

How to Form a Rhode Island LLC: An Overview

Each state has its own forms and process for creating an LLC. To learn about how to form an LLC in Rhode Island, review the chart below.

Statutes

Rhode Island General Laws Title 7, Chapter 16. The Rhode Island Limited Liability Company Act:

Name the LLC

The Rhode Island LLC name must end with the words "Limited Liability Company" or the abbreviations "LLC" or "L.L.C".

The name must be different from businesses that are already registered with the state. Check with the Business Name Database for name availability.

You can register a name for 120 days by paying a fee and filing an application with the Rhode Island Secretary of State by regular mail or online.

Select a Resident Agent

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

Requirements for the resident agent:

  • Physical street address in Rhode Island; and
  • A Rhode Island resident; or
  • A business entity authorized to do business in Rhode Island.

File Articles of Organization

You must file the Articles of Organization with the Secretary of State by regular mail or online.

The filing (which requires fees) must include the following:

  • The name/address of the LLC;
  • The name/address of the resident agent;
  • The name/address of each LLC organizer;
  • How the LLC is treated for federal tax purposes;
  • Whether the LLC is member-managed or manager-managed. If manager-managed, you must provide the managers' names and addresses.

Create an Operating Agreement

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

Comply with Tax and Regulatory Requirements

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

Every Rhode Island LLC must register with the Rhode Island Division of Taxation (DOT).

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.

How to Form a Rhode Island LLC: Related Resources

Learn How to Form a Rhode Island LLC from an Attorney

In most situations, it's relatively easy to form a Rhode Island LLC. However, it's important to make sure that you fill out the paperwork correctly. You might also need assistance with creating an operating agreement. Contact a skilled Rhode Island attorney for help with these and other formation issues.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.