How to Start an LLC in Vermont: Cost and Registration Steps

If you want to see and feel all the beauty of leaves turning colors, go to Vermont. The state has stunning nature and landscape. At the same time, a heavily timbered area, Vermont is home to multiple small and mid-scale companies specializing in the production of wood, paper, furniture, and other timber-sourced products.

Agriculture and farming are two other well-developed sectors maintaining the local economy, with dairying and egg production being the most prominent niches. Tourism and hospitality services are also bread and butter for many entrepreneurs and regular Vermonters employed in multiple hotels, motels, resorts, and skiing facilities. So, if you seek to pitch in the economic environment of the state by starting a private business, there are quite a number of opportunities waiting for you.

Meanwhile, in our article, we provide a step-by-step guide on how to form a limited liability company in Vermont. This legal entity is by far the best formal structure for supporting a new business. With a great degree of flexibility and adaptivity, it is pretty easy to establish and manage.

Where should you start from? What is the formation process about? How long will it take you to register a company? What other steps will you have to take beyond formation? These are the issues we are going to touch upon below to help you overcome all the complexities and difficulties of the formation process and start your Vermont LLC without hassle.

How to Form an LLC in Vermont: Step by Step

Step 1: Name your LLC

For a beginner, the LLC formation process might seem intimidating and confusing. In practice, though, everything is much easier than it seems. Basically, there are five core stages you’ll have to pass through to get your Vermont LLC up and running.

It’s a common truth that a new business starts with a viable business idea. You work out a strategy of how to realize your business aspirations in the most efficient manner and create business plans. And it’s only when you know where you need to move and find the right path to follow that you think about a formal part of the whole matter. This is where the issue of establishing a supportive legal entity for your enterprise arises.

Words You Have to Use Starting an LLC in Vermont

A starting point for an LLC is choosing a name for your future company. LLCs are not automatically named after their owners, and you’ll have to invent a name for your company. While you are free to be creative and are not too limited in methods when mixing a moniker for your venture, there are still certain restrictions set forth by the government that you should observe.

While you have to observe the state naming rules, you still want a great name for your future business rather than some random moniker that will appear distinguishable. Below, we’ll enlist a few naming tips that will be helpful when inventing a name for your LLC enterprise in Vermont:

• A company name must have an LLC identifier. The words “limited liability company”, “limited company”, “limited” or abbreviated forms “LLC”, “Ltd.”, “LC” are to be included in the name to align it with state requirements and make it apt for the state registration. Notably, words referring to other types of legal entities are prohibited to avert confusion and misunderstanding;
• The name you want for your LLC should differ from the company names already registered by the Secretary of State. If you seek inspiration from other brand names, logos, and business names, avoid using nationwide and global brands and trademarks for that purpose. This way, you’ll prevent legal problems that might arise for unauthorized use of the registered name or copyright violations. Besides, remember that neither suffixes, prefixes, conjunctions, articles, punctuation marks, abbreviations nor varying word forms or capital letters will make a name unique. Instead, play around with keywords, search for synonyms, and create new meaningful combinations. Adding personal names also helps make the name distinguishable;
• Brainstorm name versions: Think over 4 to 5 name versions that might be your potential LLC names. To come up with catchy and original names, use such simple yet smart methods as rhyming, word associations, acronyms, and fancy word combos;
• Avoid complexity: The simpler your company name, the easier it is to remember. Hence, try to keep exquisite, tricky, and elaborate words at bay. Likewise, shorter is better than longer. To make a name memorable, you don’t have to use many words. Usually, a witty combo of short and simple words works much better. An LLC name should be easy to spell and pronounce to look and sound nice;
• Make it relevant: A good company name should convey your business mission or give some references to the industry you operate in or an activity you run;
• Be clear: Avoid using obscure words that sound vague or dubious.

If you need some sort of license or permit for your future business, you should be much more attentive when naming your company. Check twice before filing a company name and ensure it fully complies with the state law to avoid any potential licensing problems.

Words You Can't Use

Each state has a regulatory document with naming instructions, and the state of Vermont is not an exception. Here, the naming rules are outlined in the Vermont Statutes and sound as follows:

• Any references to governmental, financial, educational, or other public institutions that require special registration procedures and permissive documents to eligibly operate are banned. You can’t use such words as “police”, “FBI”, “trust”, “bank”, “university”, etc. in your LLC name;
• Be careful when mentioning professions in your LLC name. You are not allowed to use such words as “engineer”, “attorney”, “doctor”, “consultant” in your LLC name unless you have a professional license;
• Your LLC name should be free from any even minor implications of illegal activities or those that could breach the law;
• Rude, offensive, abusive, humiliating words, as well as words showing racism, intolerance, or political incorrectness, are under the strict ban.

Research the LLC Name You Want

When you have some name versions in mind, before you could enter one of them in your formation documents, you should be 100% sure this name is available in Vermont. If it’s already in use, your filing application won’t be accepted, and you’ll have to make another try.

Checking the name is as easy as doing a name search via the Vermont Secretary of State’s website. Just enter your name version into a search bar and let the search engine monitor the state database of registered businesses. We recommend not only investigating a whole phrase or word combination but also monitoring separate words. This way, you’ll reveal all the existing company names that might look or sound similar to your chosen name.

Once the desired name option appears distinguishable enough and available for use, you can proceed to file your formation docs if you are ready for that. Should you need more time to handle some issues or formalities, you are entitled to put the selected name on hold for a period of 120 days, which is renewable, by the way. Just submit a name reservation form via a Business Center of the Secretary of State’s office and pay a $20 filing fee.

Though you can reserve an LLC name both online and on paper, the state office does insist on online filing, which is as easy as filling in a digital form.

Vermont DBA: Using an Assumed Business Name

A company name that will appear in your formation documents and be approved by the Secretary of State will be your LLC’s registered or legal name. This name will circulate in public records and state registries and is to be used when mentioning your company in all official and legal documents. However, in daily business operations, you can use another name to identify your company. It’s called a DBA (doing business as), fictitious, assumed, or trade name. In Vermont, they use the term “assumed name” most often.

An alternative to a legal LLC name, a DBA has a lot of practical benefits to it. There is no requirement to use an “LLC” tag in DBAs, hence an alternate often sounds nicer and appears to be more memorable and catchy. With an opportunity to register as many assumed names for your LLC as you need, launching several brands or product lines will be a doddle. And you won’t have to file several LLCs, varying activities will be hosted by a single LLC. Likewise, you can easily expand your business to other areas by using a different DBA there. Besides, if you need to change the name of your enterprise to keep up with the business growth or maintain a changing strategy, it will be enough to register yet another DBA instead of legalizing a registered name change.

To file a DBA in Vermont, you should submit an Assumed Name Registration form via an online business center of the state department. It will cost you $50.

Step 2: Appoint a Registered Agent to Set Up an LLC in Vermont

A registered agent is a law requirement established for LLCs in all US states. Some states also call it a resident agent, and in Vermont, they call it an agent for service of process. This name is directly derived from the function of this role. The main registered agent’s function is to receive service of process on behalf of your LLC. It means a registered agent will be a point of contact between your LLC and court authorities. Should your company be involved in a lawsuit, the court will address the service of process to your agent. Similarly, a registered agent should handle your other legal mail such as tax notes, official notifications from governmental and public bodies and agencies, reporting and filing requests, and any legal letters addressed to your LLC.

You can choose a registered agent among adult Vermonters residing in the state or legal entities registered and operating in the state. There are no specific requirements to the educational background or professional expertise of an entity you are going to appoint your registered agent. The main basic requirement is that a registered agent should be permanently present at the registered address from 9 a.m. to 5 p.m. each working day to receive your regular and express mail.

What are your best registered agent options you wonder? Many entrepreneurs-to-be prefer to serve as their own registered agents. This way, they try to save some budget on paying a third party. Besides, it seems like a natural decision, no one will do this job better than you. It’s convenient, there is no need to search high and low for decent candidates. And it’s reliable, no one will have access to your confidential letters except you. However, the option of hiring an independent representative has more confident advantages that are hard to underestimate:

• Privacy protection: You won’t have to disclose your personal data to the public, and it will be third-party info that appears in the registries;
• No overwhelming junk mail: Taking care of your business mail, a registered agent will sort out all spam letters that would normally pile in the corners of your office;
• Keeping your correspondence under control: A hired registered agent will greatly reduce the risk of missing important letters and notices since your mailing process will be duly organized;
• More flexibility for your working and personal time schedules: Being your own agent, you’ll be quite limited in time since you’ll have to be consistently present at your registered address to receive mail. Meanwhile, by entrusting this function to a third party, you’ll have more time for business meetings, work, and leisure.

Obviously enough, a hired registered agent is a better alternative to serving as your own registered agent, by anybody’s yardstick. So, we suggest that you pick this option. You can designate your attorney, accountant, or tax consultant for this position since a person with some professional background is a reasonable choice. Or you can hire a special service dedicated to this very function. At about $100 per year, experienced experts will handle this function for you ensuring that the job is done at the highest level. Besides, if you have plans for moving or expanding your business to other states, you’ll need a registered agent in any new state you are going to establish your presence. Most registered agent services are national and will get you covered in any state.

If you do like the variant of engaging a professional service, check our Best registered Agent Service article to discover reputed companies hitting top positions in various ratings.

Step 3: File Your LLC Articles of Organization

Once you’ve checked your future company name and appointed a decent and reliable registered agent, you are ready to register a legal entity. Actually, LLC formation is as simple as filing the Articles of Organization with the state. The Articles or Certificate of Organization is a document enlisting your crucial business information. As such, it works as your company’s passport or certificate of birth. Once the Articles of Organization are reviewed and approved, your business info appears on public records. This is the moment when your company is brought to life as a legal entity. From now on, it can eligibly work on the market and run business transactions.

You can easily file your Vermont LLC formation documents by yourself or let a professional service do this job for you. Noteworthy, a good LLC service can handle not only the registration step but also lead you through the whole formation and post-formation process. In our Best LLC Service review, we’ve made a list of top-ranked services that might be of interest to you.

What to include in my Vermont Articles of Organization?

Despite its significance, the Articles of Organization normally cover pretty basic information. Thus, under the Vermont Statutes, your formation documents should include the following:

• Full LLC’s name;
• Street address of your LLC’s principal office;
• Registered agent details;
• Name and address of the LLC organizer/s (not necessarily LLC members);
• LLC purpose in common words;
• LLC’s expiration date (if applicable). 

In Vermont, you can file formation documents online via the business center of the Secretary of State.

How Much Is an LLC in Vermont? Filing Fee

Under the valid Fee Schedule, a filing fee in Vermont is $125. This is a price you’ll have to pay to the state government for considering and approving your LLC papers.

Vermont LLC Processing Time

Processing times in Vermont vary depending on the filing method you choose. Thus, if you submit a digital version of the Articles of Organization online, it will be approved within a single working day, which is impressively fast. Meanwhile, documents sent by mail are processed within 7 to 10 business days.

Step 4: Draft an Operating Agreement

When forming an LLC, you should stick to the state laws. Likewise, there are default laws governing your LLC operations afterward. Note, though, that those laws are of generic nature and provide rather common rules regulating LLC’s activities. However, there is an opportunity for you to run your business your way and customize operational regulations to your specific business situation. You just need to execute an Operating Agreement.

This document is a company bylaw that outlines and formalizes covenants and agreements between the LLC members in relation to daily company operations and key control procedures. As such, an Operating Agreement works to align the owners' expectations with their practical actions. It helps avoid any confusion, disputes, and conflicts between the members and managers, thus, ensuring smooth and problem-free business conduct.

For you to better understand the gist of an Operating Agreement, here are the main points this document covers:

• Ownership Shares and Profit Distribution: Normally, ownership percentage is proportional to the funds invested in the business. However, in LLCs, owners can distribute the equity shares as they deem necessary. The same is true for profit distribution. Those distribution principles should be described in an Operating Agreement;
• LLC’s Management Structure: Company owners are not necessarily company managers. You should choose if your LLC will be a member-managed or a manager-managed structure and describe the decision-making powers. Specify the roles and responsibilities of managers so that everyone knows the scope of their authority;
• Decision-Making Process: Some core business decisions require voting. Under default laws, voting is done by a simple majority of votes normally distributed by the ownership percentage. However, in an Operating Agreement, you can choose how your LLC members will vote. You can even entrust voting rights to a single person;
• Making Changes in Membership Structure: If some of the LLC members pass away or simply want to exit the business, you should have an appropriate procedure in place to handle their equity shares;
• Closing Your Business: If you decide to quit doing business for some reason and dissolve your LLC, a formal dissolution procedure is to be described in an Operating Agreement along with instructions for the division of the remaining assets.

Hence, we encourage all future entrepreneurs to sign and maintain an Operating Agreement. It should be a living document reflecting any changes that happen in your business approach or strategy. Amending an Operating Agreement is as simple as updating it and getting it signed by LLC members. No state registration is needed. So, you can always be on top of the current business situation and make amendments with ease.

Step 5: Get an EIN for Your Vermont LLC Registration

Everyone should pay taxes in the US, be it an individual or a legal entity. Thus, once formed, your Vermont LLC gets a status of an independent legal entity, which is obliged to pay taxes. Taxpayer commitments are regulated by the Internal Revenue Service (IRS) that issue special codes to make taxpayers visible to tax authorities and other state bodies. Thus, individuals use Social Security Numbers for that purpose, and businesses are identified by Employer Identification Numbers or EINs.

EINs are required for multi-member LLCs while single-member LLCs could use Social Security Numbers of their owners. However, it’s still highly recommended that you get an EIN for your newly-formed LLC since there are more reasons why you might need it. For example, it’s a must for employers hiring workers and companies paying excise taxes. You’ll need an EIN to open a business bank account or set up a corporate taxation scheme for your LLC.

Getting an EIN is not a difficult task. You just need to file Form SS-4 to the IRS. You can do it via mail or online. While mailing will make you wait for a few weeks, online applications are processed within minutes and you’ll have a Federal Tax ID for your LLC almost immediately.

First Tasks After Creating an LLC in Vermont

When your Vermont LLC is formed, you’ve got a formal structure for your enterprise. Yet, it’s not enough to efficiently run your business. There are a few more steps you need to make right after formation to create a solid background for the smooth functioning of your LLC.

Open a Business Bank Account

Many beginner businessmen make a recurring mistake. They use their personal bank accounts for business. While it seems an easy decision, it’s a wrong one from the start. By doing so, you will mix your personal and business funds, which is not good if you want liability protections to work for you. Mixed assets will make state authorities and courts think that you treat company funds as your own. In this case, the court can pierce your corporate veil, and your personal assets will become vulnerable since they can be used for settling business liabilities.

By opening a separate bank account for your business, you can avert the above-mentioned problems and maintain an appropriate LLC status. The main pluses you’ll get include:

• Enhanced protection of your individual assets: Funds division is needed to split the business and personal assets and keep the latter protected from being used to repay business liabilities; 
• Flexible Business Opportunities: A separate business bank account will enable you to count on business loans and credits from the bank to promote your business development and growth. Meanwhile, banks are not that loyal to companies using their onwers’ personal accounts;
• Easy Bookkeeping: It’s vital to account for business incomes, expenses, and cash flows to have a clear and true-to-life picture of your business finances. And accurate accounting is subject to properly separated business and personal funds.

Get Business Insurance For Your Vermont LLC

Business insurance is a sort of “bulletproof vest” for your enterprise against potential risks that might appear due to some situations. Different types of businesses and activities require different policies. So, it’s advisable that you take your time to explore this issue in more detail. You can also consult with an insurance expert to work out a functional insurance shield for your enterprise.

Meanwhile, there are several most common types of insurance that work for businesses. It’s general liability insurance and commercial property insurance that provide basic defense for your assets against injuries and damages. Professional liability insurance is appropriate for businesses operating within a certain industry while business income insurance will shield your profits from accidents and unexpected damages.

Keep Your Company Compliant

Compliance requirements are certain rules and regulations set forth by the state to keep an eye on the businesses’ eligibility. To maintain your LLC in good standing with the state, you are to observe those requirements.

Business Permits and Licenses

Though a sensitive issue, licensing requirements are appropriate for many businesses. Whether you are engaged in commerce, production, or services, chances are great your LLC will need some type of license or permit in Vermont.

Permissive documents might be required at the state and local levels, not to mention professional licenses and permits specific to certain industries or types of activity. So, don’t neglect to check with the state department and the Office of State regulations to learn a full list of permissive documents you need for your business in Vermont. Consulting a licensing specialist won’t go amiss as well.

Tax Requirements

At a federal level, your Vermont LLC will be taxed as a pass-through entity. It means your LLC’s income taxes will be transferred to the owners’ tax returns.

At a state level, all Vermont LLCs are to submit business entity tax returns annually. Should you plan to hire employees or get involved in sales or rental services, you will also have to set up a business tax account.

At a local level, there might be some more taxes to pay. You can contact the Vermont Department of Taxes for more info on this issue.

Annual Report and other Filing Requirements

Similar to other states, Vermont has annual reporting requirements. Thus, under Revised Statutes, each LLC should file an annual report to update its business info. You can send it online via an online business service center on the Secretary of State’s website. A filing fee is $35.

Vermont Business Formation Quick Links

• Business Name Search (SOS)
• Fees (SOS)
• Forms Request (SOS)
• Limited Liability Company (SOS)
• Name Availability Rules (SOS)
• Internal Revenue Service — apply for an EIN online
• IRS information regarding the federal tax treatment of LLCs
• Online Business Service Center (SOS)

Statutes:

• Registered Agent: Vermont Statutes Title 11 Section 4007
• Operating Agreement: Vermont Statutes Title 11 Section 4003
• Annual Report: Vermont Statutes Title 11 Section 4033
• Name Requirements: Vermont Statutes Title 11 Section 4005
• Name Reservation: Vermont Statutes Title 11 Section 4006
• Assumed Business Name: Vermont Statutes Title 11 Section 1621

FAQ About How to Get an LLC in Vermont