3. File Articles of Organization

An LLC is formed in Wisconsin through the filing of Articles of Organization – Limited Liability Company with the Wisconsin Department of Financial Institutions. 

You can file the articles online or by postal mail. The filing fee is $130 for online filings and $170 for mail filings.

The Articles of Organization must provide the following information:

• LLC’s name, email address, and phone number
• Registered agent name and mailing address
• LLC organizers’ names and addresses
• Whether the LLC is member-managed or manager-managed
• The name of the individual that drafted the articles
• The signature of an LLC organizer

Foreign LLC registration

An LLC formed in a state other than Wisconsin intending to do business in the state must register with the Wisconsin Department of Financial Institutions. 

Complete these steps to do business in Wisconsin as a foreign LLC:

1. Comply with Wisconsin LLC naming rules and confirm that the LLC’s name is available using the Search Corporate Records Name Availability tool. 
   • If your original LLC name is taken, you must adopt a new name for use in Wisconsin and file a Name Registration Application-Foreign Corporation or Foreign Limited Liability Company by mail (no online filing). There is a $50 filing fee. Foreign LLCs must file a new name registration application (renewal application) every year between October 1 and December 31. 
2. Appoint a Wisconsin registered agent. 
3. File a Foreign Limited Liability Company Certificate of Registration Application with the Wisconsin Department of Financial Institutions online (no mail filing). The filing fee is $100. 

4. Draft an operating agreement

Although not a legally mandated step for forming an LLC in Wisconsin, drafting a comprehensive LLC operating agreement is strongly recommended for all nascent limited liability companies. 

The operating agreement should do the following: 

1. Describe the LLC’s business structure
2. Establish the individual responsibilities and obligations of LLC members 
3. Detail how the LLC will be run  

Without an operating agreement clarifying the specific duties of its members, an LLC may face significant legal and operational difficulties.  

5. Obtain an IRS Employer Identification Number (EIN) 

All newly formed LLCs in the United States must acquire an Employer Identification Number (EIN) from the Internal Revenue Service (with the exception of single-member LLCs). 

The nine-digit EIN is like a social security number for a business and is necessary to pay income tax, file tax returns, open business bank accounts, and perform many other important functions.  

You can apply for an EIN online on the IRS website without paying a filing fee. 

6. Fulfill your Wisconsin LLC’s additional legal obligations

Once an LLC is registered, its members must devote attention to fulfilling legal requirements that apply for the duration of the company’s existence.  

File annual reports

All LLCs doing business in Wisconsin–including foreign LLCs–must file an annual report with the Wisconsin Department of Financial Institutions. The annual report is due in the quarter of the year that includes the anniversary month of the LLC’s legal organization in the state (for example, if an LLC was formed on February 16, it must file its annual report during Q1 each year).

The annual report must be filed online. The filing fee is $25 for an LLC formed in Wisconsin and $80 for a foreign LLC doing business in the state. 

Obtain business licenses and permits

LLCs doing business in Wisconsin may be required to obtain state or locally issued business licenses, permits, or certifications depending on their type of business and location.

Check the Wisconsin Department of Safety and Professional Services website for information on state-issued licenses and permits, and to learn more about local requirements, contact a county or city clerk in your area. 

Register with the Wisconsin Department of Revenue

Certain LLCs doing business in Wisconsin are required to register with the state’s Department of Revenue. This includes LLCs with employees and those that collect sales tax on goods and services. 

Register with the DOR online using the Taxpayer Access Point or through the mail.

Wisconsin LLC checklist

Naming requirements:

A Wisconsin LLC’s name must obey the following guidelines:

1. Must be distinguishable from the names of existing business entities on file with the Wisconsin Department of Financial Institutions. 
2. Must contain one of the following phrases or abbreviations: “Limited Liability Company”, “Limited Company”, “LLC”,  or “L.L.C.”

Formational documents and filing fees:

• Name Reservation Application (optional but recommended) – $15 filing fee
• Articles of Organization – Limited Liability Company – $130 online filing fee, $170 mail filing fee
• Foreign Limited Liability Company Certificate of Registration Application (foreign LLCs only) – $100 filing fee

Registration procedure:

• An LLC is created in Wisconsin through the filing of Articles of Organization – Limited Liability Company with the Wisconsin Department of Financial Institutions. 

Additional legal obligations:

• File annual reports – Required for all LLCs active in Wisconsin
• Obtain business licenses and permits – Required for certain LLCs active in Wisconsin depending on their business type and location
• Register with the Wisconsin Department of Revenue – Required for certain LLCs active in Wisconsin depending on their business type