Which type of business needs to file with the Secretary of State within each US state?

sole proprietorship

general partnership

limited partnership

limited liability partnership

1 answer

The filing requirements with the Secretary of State can vary by state and depend on the type of business entity. Here's a breakdown of the filing requirements for the types of businesses listed:

  1. Sole Proprietorship: Generally, a sole proprietorship does not need to file with the Secretary of State because it is not a separate legal entity. However, if the owner uses a business name (a "doing business as" or DBA), they may need to file a DBA registration with the appropriate local or state authorities.

  2. General Partnership: A general partnership typically does not need to file formal documents with the Secretary of State. However, similar to sole proprietorships, partners may be required to file a DBA if they are operating under a name different from the individual partners' names.

  3. Limited Partnership (LP): A limited partnership must file a Certificate of Limited Partnership with the Secretary of State in most states. This document formally establishes the limited partnership and outlines the rights and responsibilities of the partners.

  4. Limited Liability Partnership (LLP): An LLP is also required to file a registration or certificate of formation with the Secretary of State to obtain its limited liability status. This filing usually includes details about the partnership and its partners.

In summary, while sole proprietorships and general partnerships typically do not require registration with the Secretary of State (aside from potential DBA filings), limited partnerships and limited liability partnerships must file specific documents to establish their legal status. Always check the specific requirements for your state, as regulations may differ.