How to Form an LLC in Alaska in 7 Steps

Your Alaska LLC name must be unique and distinguishable from any other company's name to comply with Alaska law. A unique name will also help customers remember your business.

To find out whether your name is already taken, you should start by searching the Alaska Department of Commerce's corporations database. If there are no matches there, it's wise to continue your search by doing a simple internet screening. Just type your desired LLC name into your favorite search engine to find out if your name is taken. Finally, you should run a name search on the U.S. Patent and Trademark Office's (USPTO) trademark database.

Once you are satisfied your name is not already taken by another business, you should make sure it complies with Alaska's other naming rules. According to the Alaska Revised Limited Liability Company Act, your LLC's name must contain language that indicates that it is an LLC. You can accomplish this by putting either “Limited Liability Company", “LLC", or “L.L.C." in your name. If you like, you can replace the words “company" and “limited" with the abbreviations “co." and “Ltd."

Further, your name must not contain any suggestion that your company represents a municipality. You cannot use the words “borough," “village," or “city" in your name.

If you plan to create an LLC but are not quite ready, you can do a name reservation. Visit the Division of Corporations website and file by mail or online. There will be a $25 filing fee to reserve your name. Your business name will then be reserved for 120 days.

After you have chosen a legal and unique name for your LLC, the next step in the process is to choose a registered office and registered agent. Most LLCs choose their business's main office as their registered office.

A registered agent is a person or entity that you appoint to accept legal documents on behalf of your LLC. They will receive legal notices and service of process for your LLC in case of a lawsuit. Your registered agent must be either an Alaska resident or a corporation that's registered to do business in Alaska. Your registered agent cannot be a P.O. Box. They must have a physical street address in the state of Alaska.

You and your fellow LLC members may not be able or willing to be your company's registered agent. Instead, you could consider using an Alaska registered agent service. With a registered agent service, you pay a fee to another business to accept legal papers on your behalf. You can easily find Alaska registered agents by searching online.

The articles of organization form the legal charter that establishes your LLC as a legal entity. By filing this document with the state of Alaska, you will formally create your LLC as a legal entity.

To file Alaska articles of organization, you will need to give identifying information about your LLC. These details should be easy to gather. Specifically, you will need to provide:

• The name of the LLC
• The purpose for which the LLC is organized
• Contact information for your LLC's registered office and registered agent
• A statement on whether the LLC will be member-managed or manager-managed

You can file articles of organization by filling out an online form at the Alaska Department of Commerce's Division of Corporations, Business and Professional Licensing website. Once there, you need to click on the tab for limited liability companies to proceed. You will also need to submit a $250 state filing fee. If you prefer, you can file by mail.

You should receive approval immediately by filing online with the government agency. However, you may have to wait up to 10-15 business days for your approval if you file by mail.

Or you can kickstart your LLC formation with our trusted partner, LegalZoom. They will check if your business name is available and file your articles of organization for $0 plus state filing fees.

Although Alaska law does not require LLCs to have an operating agreement, it does allow members of an LLC to adopt an operating agreement and appeal or amend it later. Having an Alaska LLC operating agreement from business formation can help aspiring entrepreneurs avoid potential issues by laying out the rules and responsibilities of each member.

You can use your operating agreement to put several key issues into writing, such as:

• Voting rights among members
• Profit and loss sharing plans
• Members' rights and responsibilities
• The procedure for adding of removing members
• Management structure
• Buyout agreements and procedure for dissolving the business
• Any additional provisions that are important to your LLC

Unlike articles of organization, your operating agreement is not a required document, and you do not have to file it with the state. However, the SBA recommends that all LLCs form operating agreements. If possible, you should draft your operating agreement when you form your LLC.

Without an operating agreement in place, you may find it difficult to secure professional services for your business. Financial institutions may ask to see an operating agreement before opening a business bank account for your LLC. Accountants, lawyers, and other professionals may also require an LLC operating agreement before working with your business.

Unless you have a single-member LLC with no employees, much like a sole proprietorship, you will need an employer identification number (EIN). An EIN is sometimes called a tax identification number. It is a unique number that the Internal Revenue Service (IRS) uses to distinguish your business from all others for federal tax purposes. In this sense, it is very much like a Social Security Number for individuals.

You will use your EIN to file taxes, pay employees, open a business bank account, get a business credit card, and more.

You can apply for an EIN at the IRS website. Or, if you prefer, you can file by mail.

According to the Alaska Business Licenses Act, you will need to apply for a license to do business in the state of Alaska. You can apply for your Alaska state business license online with the Department of Commerce.

Your LLC may need other licenses, too, depending on your location and the type of business you operate. You should check with your county to find out if you will need to apply for any local licenses.

Finally, you should check whether you are subject to any federal licensing rules. The Small Business Administration (SBA) provides helpful information on federal licensing. On the SBA's website, you will find a comprehensive list of the business activities that federal agencies regulate. This includes agriculture, commercial fisheries, the sale of firearms, and others. If your business falls into one of the listed categories, you will need to apply for a federal license.

There is a new requirement for LLCs formed 2023. You must now you must file a Beneficial Ownership Information Report (BOIR) with FinCEN. Any LLC formed in  2024, must file within 90 days from the registration/creation date notice or 90 days from the date of the public notice from the Secretary of State's office, whichever is earlier. LLCs formed in 2025, must file within 30 calendar days from the date you receive notice of the LLC’s creation or registration. 

Visit www.fincen.gov/boi to file a BOIR and select “File BOIR”. Provide information about the LLC, its beneficial owners, and its applicants. LLC’s applicants are those who directly filed the document that created or registered the LLC or were responsible for having the filing done. Beneficial owners are those who either own a minimum of 25% of the ownership interests of an LLC or have substantial control over the LLC.

Note: On March 1, 2024, the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act was unconstitutional. At this time, it is unclear if the federal BOIR requirement will be enforceable. Business owners of LLCs formed before January 1, 2024, may want to wait until closer to the January 1, 2025 filing deadline to check if they must file a BOIR for their business. For LLCs formed in 2024, business owners may want to check right before their 90-day deadline to see if the BOIR requirement is applicable.