Forming your business entity & getting an EIN
This is step one for a reason: banks and payment processors underwrite a business, not a person. You can't open a business bank account or get approved for a high-risk merchant account without a registered entity and a federal tax ID. Set this up first and the rest of your launch unlocks.
Why you need a formal entity
- Liability separation. A properly maintained LLC or corporation helps separate your personal assets from business risk — important in a regulated category.
- Banking & payments. Business accounts and merchant accounts require an entity and EIN.
- Credibility. Suppliers, processors, and customers take a registered business more seriously.
- Clean taxes & books. Separating business finances from personal is far easier with an entity.
Choosing a structure
Most small founders start with an LLC — flexible, relatively simple, and offering liability protection. Some choose an S-corp election later for tax reasons, or a C-corp if they plan to raise outside investment. There's no one right answer; this is a good question for an accountant who can weigh your tax situation.
Forming the entity (typical steps)
- Pick a business name and confirm it's available in your state.
- File articles of organization (LLC) with your state and pay the filing fee.
- Appoint a registered agent (a person/service that receives legal mail at a physical in-state address).
- Adopt an operating agreement — even a single-member LLC benefits from one, and banks often ask for it.
- Keep your formation documents handy; you'll need them repeatedly.
Getting your EIN
An EIN (Employer Identification Number) is your business's federal tax ID. You apply directly with the IRS — it's free. The online application (Form SS-4) typically issues an EIN immediately for U.S. applicants. Beware third-party sites that charge a fee to "get your EIN" — you can do it yourself at no cost on the official IRS website.
You'll use your EIN to open bank accounts, apply for payment processing, file taxes, and register with your state.
State registrations that follow
- State business registration / licenses as required where you operate.
- Sales-tax permit in states where you have a tax obligation (nexus). As you grow and ship to more states, watch your economic-nexus thresholds.
- Local permits depending on your city/county and whether you hold inventory.
A sensible order
Name → form the LLC → get the EIN → open business banking → start the high-risk merchant application → register for sales tax as needed. Doing it in this order means you never get blocked waiting on a missing prerequisite.
Next: the money
With your entity and EIN in hand, you're ready to open business banking and — most importantly — start your payment-processing application, which is the longest lead-time item in your launch.
Business banking guide →Keep reading
→ Business banking for a research peptide company → High-risk payment processing & getting a merchant account → The complete startup checklistThis guide is general information, not legal, tax, or financial advice. Entity and tax requirements vary by state and change over time. Consult a qualified attorney and accountant for your situation.