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Most indie consultants know they need an LLC.
Then they open Google, get overwhelmed by sponsored links and state agency websites, and close the tab.
This week, we cut through all of it with a simple framework to get it done.
Read on…
⏰ Today in 5 minutes or less:
Delaying your LLC means real income is flowing through your personal accounts. That exposes you to liabilities that get harder to undo the longer you wait.
There are three ways to file an LLC, and the right one depends on your state, budget, and willingness to do admin work.
The core checklist is the same, but the complexities live at the state level.
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How to Set Up an LLC: A Framework for Indie Consultants
Most new indies know they need an LLC, but they’ve never done it before.
Sally knows the benefits of having an LLC for her consulting business, and she wants to set one up.
But when she Googles it, her monitor becomes utter chaos.
Fifteen sponsored articles from agents who offer to do it. Multiple state agency websites.
No clear instructions on how to actually do it.
So let’s demystify it right here: How do you set up an LLC simply?
Spoiler alert: It’s not 100% straightforward, and there’s no one-size-fits-all approach to this (trust me, I’ve looked).
But we have a framework to help you overcome the block:
Three ways to file
What changes by state
How to move forward without second-guessing
Let’s dive in.
But First, Do You Actually Need an LLC?
If you’re serious about building an independent practice, you need to register as a legal entity.
The legal separation between you and your business – even in a low-risk consulting environment – makes it a no-brainer. No matter how complex the rules look, we’ll show you a cheap and straightforward way to get it done.
Forming a Limited Liability Company (LLC) does three important things immediately:
Separates you from the business legally. Even in low-risk consulting work, you’re still providing professional advice. A legal wrapper matters. Sidebar: Let’s talk about spouses. I’m in my 40s, living through a wave of friends going through divorce and splitting assets with their exes. As an owner of an LLC, your consulting practice might be included in that split – unless you’ve dealt with the loose ends beforehand. Depending on your state and personal circumstances, you may want documentation clarifying ownership of the business and how it would be treated in the event of a divorce. If this is a concern for you, speak with an attorney. Otherwise, they might have a claim to any of the earnings from that LLC when you separate. If this is a concern to you, I suggest talking to an attorney.
Creates clean financial discipline. Separate accounts. Separate records. Clear P&L. That discipline compounds over time.
Preserves optionality. An LLC allows you to elect S-Corp taxation later if your revenue and tax situation justify it.
Ideally, you form an LLC before your first invoice. Realistically, within your first few months of revenue.
What you don’t want is meaningful income flowing through your personal name because you delayed a relatively straightforward step.
Three Ways to Set Up an LLC
It’s important to recognize first that every state has different administrative requirements – which brings us to an important question: how do you decide which state to form an LLC?
The general rule of thumb is to set it up in your home state, especially if you do most work there. This keeps annual filings, compliance, and reports more streamlined.
While some states offer lower fees, lower taxes, or stronger privacy protections, the tradeoff is that your home state will consider you a Foreign LLC – which means extra paperwork whenever you do business in your home state.
In some states, it’s easy to set up an LLC. They could have little to no regulation, or maybe they offer a limited tax burden. But for other states like New York or California, additional requirements and higher fees make them less ideal for indie consultants setting up an LLC.
For example, I live in Texas. Setting up an LLC here is as easy as going to the Secretary of State’s website and filling out the forms. When your revenue remains below the threshold (currently $2.65 million, though it changes periodically), you generally only need to file a No Tax Due Report (Form 05-163).
With that said, there are three general paths to set up an LLC – depending on your budget or tolerance for administrative work. Here’s a quick comparison:

1. Do It Yourself (DIY)
If you’re an independent consultant with a simple structure and no partners, you can file directly through your state’s Secretary of State website. You need to complete Articles of Organization, pay the filing fee, and follow your state’s instructions. Then, you’ll proceed to set up taxation with the IRS and your state’s comptroller. Both of these are single-form submissions.
If you’re detail-oriented and comfortable reading state instructions, this is completely viable. I am ‘not good with detail’ and I did this myself in Texas.
2. Get an LLC Registered Agent
An LLC registered agent is someone who receives legal correspondence on behalf of the LLC. They relay important messages and take care of filing documents, including government, tax, and legal correspondence.
Services like Northwest Registered Agent or state-endorsed providers usually charge a modest fee on top of fares you pay the state.
What’s great about working with a registered agent is that they prompt you to do the right annual filings – most complete them for you for a small fee. If you live in a highly regulated state (or you just always forget to do it every year), this can be a lifesaver.
Registered agents also protect your address and privacy, if that’s a huge concern for you.
Some people have real security concerns due to past relationships. Others want to block spam calls. Use a registered agent if you don’t want anyone to show up to your doorstep unannounced.
3. Hire an Attorney
Even as an independent consultant, you may prefer having a business attorney to handle the formation process.
An attorney can prepare and file your LLC documents, draft or review your operating agreement, and make sure you’re aligned with your state’s compliance requirements from the start.
For most indie consultants, this level of involvement isn’t necessary unless you value certainty, have a more complicated set of entities already, or want a set of professional eyes on the setup.
The General LLC Checklist (Check Your State First)
Setting up an LLC can be as easy as going to the Secretary of State website and following the instructions from there.
The tricky part is that LLCs are governed at the state level.
This means that requirements, fees, and timelines might vary. Some find it easier to file an LLC in one state than others (we’ll look at the difference below).
But this doesn’t mean you’re free to file an LLC where it’s less complicated – you generally need to register in the state you want to operate it or where a lot of your target clients are.
The key is to check with your state’s Secretary of State website first, find the requirements, and decide how you want to set up an LLC using one of the three ways we discussed before.
While the complexity varies from state to state, they more or less require the same checklist at their core:
Confirm business name availability.
Review your state’s specific filing requirements and fees.
File Articles of Organization.
Obtain an EIN from the IRS (free).
Draft an Operating Agreement.
Open a separate business bank account.
Register with the State Comptroller (or other Tax agencies)
Understand your state’s annual reporting requirements.
Conceptually, this is simple.
The variation and friction live at the state level.
The Tricky Part: Not All States Are Equal
The core business structure of an LLC is similar everywhere.
But the administrative burden is not.
Let’s look at four different states and how complex their LLC filing systems are:

Now, let’s spell out what the process looks like.
In the State of New York
New York requires newly formed LLCs to publicly announce their formation.
This means after setting up the LLC, you must:
Publish a legal notice announcing your LLC formation.
In two state-approved newspapers (one daily, one weekly).
In the county where your LLC is located
For six consecutive weeks
After the publication period, the newspapers then provide affidavits that the notices ran – which you need to file a Certificate of Publication with the state. And yes, it comes with an additional filing fee.
This requirement isn’t to make your business more protected or legitimate – just an old statutory rule that adds cost and administrative friction.
As for the LLC formation itself, here’s how that goes:
Step 1: File Articles of Organization with the New York Department of State. Pay the filing fee.
Step 2: Within 120 days of formation, complete the publication requirement.
Step 3: File a Certificate of Publication with the state and pay an additional fee.
Step 4: Obtain your EIN from the IRS.
Step 5: Create an Operating Agreement.
One ongoing requirement for LLCs in New York is the Biennial Statement – a compliance filing required every two years.
It confirms your LLC’s name, address for service of process, and registered agent.
It’s not a tax filing, but an administrative update for the state.
In the State of Illinois or Georgia
Setting up an LLC in the state of Illinois or Georgia is a straightforward process. There are no unusual formation requirements — just the standard ongoing compliance obligations.
Here’s how you would set up an LLC in Illinois or Georgia:
Step 1: File Articles of Organization online (or by mail) on your state secretary’s website. Pay the filing fee.
Step 2: Appoint a registered local agent in either Georgia or Illinois (depending on where you’re filing the application).
Step 3: Obtain your EIN from the IRS.
Step 4: Create an Operating Agreement (not filed with the state but strongly recommended).
Step 5 (for Illinois only): Register for any necessary state taxes, depending on your activities.
For Illinois, the ongoing burden is that you need to file an Annual Report and pay the associated fee every year to keep your LLC in good standing.
In the State of Texas
Texas is one of the states which has lower filing costs and a simpler application process than others. The state also doesn’t require a state income tax, which appeals to many business owners.
However, a Franchise Tax Report and Public Information Report are still mandatory, even if the revenue is below the taxable threshold.
Here’s how the application will go:
Step 1: File a Certificate of Formation with the Texas Secretary of State. Pay the filing fee.
Step 2: Appoint a registered agent in Texas.
Step 3: Obtain your EIN from the IRS.
Step 4: Create an Operating Agreement (not filed with the state but strongly recommended).
Keenan Reid Strategies is registered in the state of Texas – and I’m pretty proud to say that I only had to set up the LLC on my own.
Build It Like a Business from Day One
If you are building a real consulting practice and not just testing the waters, form the LLC early.
Understand your state’s requirements, then choose a filing path that matches your appetite for admin work.
Treat the business like a business from day one.
This isn’t about overengineering for your launch. It’s about laying a clean foundation.
You left corporate for autonomy. Structure is what protects it.

Consulting in a Nutshell
Hidden footage of me writing an RFP.
@iamsoldana Just another day in the life of a strategy consultant charging a day rate that costs more than her monthly paycheck #consultinghumor #mbb

