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 → file articles → appoint a registered agent → 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.
- Governing documents (operating agreement or bylaws) are internal contracts — state filing alone does not define ownership economics.
Formation sequence
1) Confirm the legal name is available with the state's business registry. 2) File articles of organization (LLC) or articles of incorporation (corp) with the Secretary of State and pay the state fee. 3) Maintain a registered agent with a physical address in the formation state. 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
Funding your entity
Formation papers do not move assets by themselves — how to title property, assign interests, and keep the inventory honest.
LLC vs C-Corp vs S-Corp
When a family holding company should be an LLC, and when a startup should be a Delaware C-Corp — without pretending this is tax advice.
Delaware vs Wyoming vs home state
Tradeoffs among common formation states for holding companies and startups — general information, not a recommendation for your facts.
Home state vs Delaware incorporation
When forming in Delaware actually helps — and when a solo founder in Georgia (or any home state) is better off incorporating locally.
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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