How to Start an LLC in Oklahoma (2024 Guide)
Wondering how to start an LLC in Oklahoma? We’ve got you covered.
To get started, you’ll need to pick a suitable business name, choose a registered agent, and file your Articles of Organization with the Oklahoma Secretary of State ($100 processing fee).
You can do this independently, consult with a business attorney for specialized legal guidance, or join the other 65% of our readers and hire a specialized Oklahoma LLC formation service (recommended).
How to Form an LLC in Oklahoma in 6 Steps
In order to form your LLC in Oklahoma, there are certain steps you’ll need to complete:
- Name Your Oklahoma LLC
- Choose a Registered Agent
- File the Articles of Organization
- Create an Operating Agreement
- Get an EIN
- File a Beneficial Ownership Information Report
Step 1: Name Your Oklahoma LLC
Before you get started, you will need to pick a suitable name for your Oklahoma LLC.
This will need to comply with all applicable naming requirements under Oklahoma law and be both succinct and memorable, as this will make it easily searchable by your potential clients.
1. Important Naming Guidelines for Oklahoma LLCs:
- Your name must contain the words “limited liability company,” “limited company,” or a suitable abbreviation (e.g., LLC, LC, etc.). Note that the word “limited” may be abbreviated to “Ltd”, and the word “company” may be abbreviated to “Co.”
- Your name must be distinguishable from the names of all other existing business entities that have been present in the records of the office of the Secretary of State for the last three years.
- The exception to this rule is if you receive written consent from an existing business to use their name due to them ceasing operations, changing their name, or withdrawing their business activities from the state of Oklahoma.
- Your name cannot contain words that could create a false implication of a government or state affiliation (e.g., State, FBI, etc.).
For more information on these rules, see Oklahoma’s official business name guidelines.
2. Is the name available in Oklahoma?
To check whether your desired name has already been taken by another business entity in Oklahoma, you can perform a business entity search on the Secretary of State’s website.
If you’re not going to start your LLC right away, it might be a good idea to consider reserving your name for up to 60 days. You can do this by filing a Name Reservation application and paying the $10 filing fee.
For more information, you can have a look at our Oklahoma LLC Name Search guide.
3. Is the URL available?
You should check online to see if your business name is available as a web domain. Even if you don’t plan to make a business website right away, this is an extremely important step as it will prevent others from acquiring it, potentially saving you both time and money in the long term.
Once you have verified your name is available, you may now select a professional service to complete the LLC formation process for you.
FAQ: Naming an Oklahoma LLC
LLC is short for “limited liability company.” It is a simple business structure that offers more flexibility than a traditional corporation while still providing legal protection for your personal assets. Read our What is a Limited Liability Company guide for more information.
Or, watch our two-minute video: What is an LLC?
You must follow the Oklahoma LLC naming guidelines when choosing a name for your LLC:
- Include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Do not use words that could confuse your business with a government agency (FBI, State Department, CIA, etc.).
- Receive the proper licensing when using the words such as lawyer or doctor.
If you are having trouble coming up with a name for your LLC, use our LLC Name Generator. That will not only find a unique name for your business but an available URL to match.
Most LLCs do not need a trade name or DBA. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments under that name as well. However, you may wish to register a DBA if you would like to conduct business under another name.
To learn more about DBAs in your state, read our How to File a DBA guide.
Step 2: Choose a Registered Agent in Oklahoma
After you find the right name for your LLC, you will need to nominate an Oklahoma registered agent. This is a necessary step in your Articles of Organization (i.e., the document used to file and register your LLC with the Secretary of State).
What is a registered agent? A registered agent is an individual or business entity that will be responsible for receiving service of process — as well as other important government correspondence — on behalf of your LLC.
Who can be a registered agent? A registered agent can be a resident of Oklahoma or a business entity (i.e., an LLC, limited partnership, corporation) that is authorized to transact business within the state. This can include an LLC member (e.g., yourself, etc.), a registered agent service, or a business attorney.
Get Free Registered Agent Services
Form an LLC with Northwest Registered Agent to get one year of registered agent services free of charge.
FAQ: Nominating a Registered Agent
Yes, as long as you are a resident of Oklahoma.
Having said that, this is seldom recommended as your registered office will need to be open during regular business hours (in order to accept service of process) and will also become publicly available.
Read more about being your own registered agent.
Generally speaking, yes. Using a professional registered agent service can be an affordable way to manage government filings for your LLC and, for most businesses, is worth the small annual cost.
Having said that, this will ultimately depend on your budget and other specificities (e.g., whether you are already paying for a business attorney, etc.).
Step 3: File the Oklahoma LLC Articles of Organization
To register your Oklahoma LLC, you will need to file the Articles of Organization with the Oklahoma Secretary of State. You can do this online, by mail, or in person.
Before filing, make sure you have completed your Articles of Organization correctly. You will need the following information to get started:
- Your LLC’s name and principal place of business (P.O. boxes are not acceptable)
- The email address of the primary contact of your LLC
- The name and street address of your registered agent
- Your LLC’s term of existence (perpetual, a set number of years, etc.).
- Your signature, full name, and contact information
File the Articles of Organization
OPTION 1: File Online with the State of Oklahoma
File Online– OR –
OPTION 2: File by Mail or In Person
Download FormState Filing Cost: $100, payable to the Oklahoma Secretary of State (Nonrefundable)
Mail or Submit In Person:
Oklahoma Secretary of State
421 N.W. 13th Suite 210
Oklahoma City, OK 73103
For help with completing the form, visit our Oklahoma Articles of Organization guide.
Note: If you’re expanding your existing business to the state of Oklahoma, you’ll need to register as a foreign limited liability company (LLC).
FAQ: Filing Oklahoma LLC Documents
Your formation document (known as the Articles of Organization) should take around 15 minutes to complete and will take between two to 10 business days to be processed, depending on how you go about filing.
An LLC is referred to as a “domestic LLC” when it conducts business in the state where it was formed. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state.
Read our What Is a Foreign LLC article to learn more.
This will depend on how you go about filing your Articles of Organization. If you do not use a formation service or business attorney, you will need to pay the $100 processing fee levied by the Secretary of State in order to start your Oklahoma LLC.
To learn more, read our guide on the cost to form an Oklahoma LLC.
Step 4: Create an Oklahoma LLC Operating Agreement
An operating agreement is not required in Oklahoma, but it’s a good practice to have one.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read our Oklahoma LLC operating agreement guide.
FAQ: Creating an Oklahoma LLC Operating Agreement
No. The operating agreement is an internal document that you should keep on file for future reference. However, many other states do legally require LLCs to have an operating agreement in place.
Step 5: Get an EIN for Your Oklahoma LLC
You can get an Employer Identification Number (EIN) from the IRS for free. It is used to identify a business entity and keep track of a business’s tax reporting. It is essentially a Social Security number (SSN) for the company.
Why do I need an EIN? An EIN number is required for the following:
- To open a business bank account for the company
- For federal and state tax purposes
- To hire employees for the company
Where do I get an EIN? An EIN is obtained from the IRS (free of charge) by the business owner after forming the company. This can be done online or by mail.
FOR INTERNATIONAL APPLICANTS: You do not need an SSN to get an EIN. Learn more here.
Get an EIN
Option 1: Request an EIN from the IRS
– OR –
Option 2: Apply for an EIN by Mail or Fax
Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Fax: (855) 641-6935
Fee: Free
FAQ: Getting an EIN
An SSN is not required to get an EIN. You can simply fill out IRS Form SS-4 and leave section 7b blank. Then call the IRS at (267) 941-1099 to complete your application. Learn more here about applying as an international applicant.
All LLCs with employees, or any LLC with more than one member, must have an EIN. This is required by the IRS.
Learn why we recommend always getting a Federal Employer Identification Number (EIN) and how to get one for free in our Do I Need an EIN for an LLC guide.
When you get an EIN, you will be informed of the different tax classification options that are available. Most LLCs elect the default tax status.
However, some LLCs can reduce their federal tax obligation by choosing the S corporation (S corp) status. To learn more, read our LLC vs. S Corp guide.
Step 6: File a Beneficial Ownership Information Report
Beginning January 2024, LLC owners will need to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN). Existing LLCs can file their report any time between January 1, 2024, and January 1, 2025, while new LLCs will need to file their report within 90 days of formation.
This contains similar information to that of your Articles of Organization, such as your LLC name and member information, and can be filed online for free. Failure to file an accurate report on time can result in a $500 per day fine.
Note: There are certain filing exemptions, such as for large companies (i.e., more than 20 full-time employees), tax-exempt entities, and publicly traded companies.
Maintain Your Oklahoma LLC
After you’ve successfully formed your LLC, there are a couple of steps you’ll need to periodically take in order to maintain it, including:
- Filing your annual certificate
- Sorting out your tax responsibilities
We’ve broken down how to complete each of these steps in greater detail below.
File the Annual Certificate
Oklahoma requires LLCs to file an annual certificate (i.e., annual report) with the Secretary of State along with a $25 filing fee. These annual certificates must be submitted either online or by mail each year by the end of the anniversary month in which your LLC was formed.
While Oklahoma doesn’t charge any late fees if you miss this filing deadline, your LLC will lose its “good standing” 60 days after the due date.
Note: Oklahoma may dissolve or revoke your LLC after three years for failure to file an annual certificate.
Sort Out Your Taxes
Regardless of where your LLC is registered, you will be required to pay certain federal taxes. This includes corporation and employer taxes (for LLCs filing as a C corporation) and federal income tax and self-employment taxes (for LLCs taxed as pass-through entities).
In addition, there are a number of different taxes you’ll be required to pay at a local and state level, which can vary depending on the nature of your business.
Below are some of the most common taxes in Oklahoma:
Income Tax
As the owner of an Oklahoma, there are several key state income taxes your LLC may be liable to pay, including:
- Personal Income Tax: LLCs with a default tax election in Oklahoma are subject to a personal income tax rate that ranges between 0.25% and 4.75%. You can file personal income tax returns using Form 511.
- Corporate Income Tax: All LLCs organized as a corporation for tax purposes are subject to a flat tax of 4.00% on their profits. Your LLC will also be required to file a Corporation Income Tax Return electronically if it’s earning income from sources within Oklahoma, whether or not it owes any tax.
- Pass-through Entity (PTE) Tax: LLCs based in Oklahoma can also elect to be taxed at a rate of 4.75% at the entity level instead of having their members pay the tax on their personal income tax returns. You can use Form 586 to report this election.
While you can submit a return for any of these taxes by mail using their relevant forms, the Oklahoma Tax Commission encourages taxpayers file and pay electronically using Oklahoma Taxpayer Access Point (OKTAP).
Sales and Use Taxes
Oklahoma state sales tax is applied at a general rate of 4.50% on the sale of tangible goods and certain types of services, though municipalities can also impose up to a maximum of 7.00% in additional local sales taxes.
In Oklahoma, sales tax returns are due the 20th day of the month following the reporting period. Businesses can choose to file returns monthly or semiannually. Sales tax returns can be submitted online through the OKTAP portal or by mail using STS-20002-A.
Note: Your LLC must first obtain a seller’s permit from the Oklahoma Taxpayer Access Point website before it can collect and remit sales and use tax. In order to maintain your permit, you’ll be required to file a sales tax return even if you have no sales tax due.
Steps After LLC Formation
After forming your LLC, you will need to get a business bank account and website, obtain business licenses, and get business insurance, among other things.
Visit our After Forming an LLC guide to learn more.