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Entities
4 min readReviewed October 2026

Entity formation checklist

The practical sequence from name clearance through bank account — the same steps Elephant tracks in the entity checklist.

Key facts

  • Typical sequence: clear the name → appoint a registered agent → file the formation document → get an EIN → adopt governing docs → open a bank account → store everything in the vault.
  • The IRS issues EINs online at no charge for most eligible applicants; beware paid "EIN services" that only resell the free process.
  • An operating agreement and bylaws or initial resolutions are internal governance documents; state filing alone does not record every ownership, voting, and distribution term.

Formation sequence

1) Confirm the legal name is available with the state's business registry. 2) Appoint a registered agent and registered office that satisfy state requirements. 3) File the state's formation document with its designated filing office and pay the fee. 4) Apply for an EIN from the IRS. 5) Adopt an operating agreement (LLC) or bylaws and initial resolutions (corp). 6) Open a dedicated bank account. 7) Keep filed copies, EIN confirmation, and governing docs in a secure vault.

Elephant's entity module walks this checklist and stores uploads. Partner-powered state filing is on the product roadmap; until then you or your counsel file with the state.

After you form

Calendar annual report or franchise tax deadlines. Update ownership when members change. Retitle or assign assets so the entity actually owns what you think it owns — see funding your entity.

References

This guide is educational only and is not legal, tax, or investment advice. Laws vary by state and change over time; confirm current figures with the linked primary sources or a licensed professional in your state.

Related guides

Put it into practice

Elephant turns these documents into a guided, state-aware workflow — drafted, executed, and stored in one encrypted vault.

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