Memphis · TN · Vetted Directory

Starting a Business? LLC Formation Lawyers in Memphis

You are starting a business in Memphis and want to set it up the right way: pick the entity, file with the state, split ownership cleanly, and keep your personal assets protected. Tennessee has its own quirks, the per-member filing fee and the $300 annual report, that catch new owners off guard. Below are vetted Memphis firms that handle LLC and business formation, operating agreements, and the early-stage legal work that saves you trouble later.

$300 min
TN Articles of Organization fee
$300+/yr
TN annual report fee
$750-$2,000
Typical flat legal fee to set up
TN SOS
Filed with Secretary of State

Updated February 24, 2026

When you need a Memphis LLC or business formation lawyer

Forming a business is two jobs. The first is filing: in Tennessee you create an LLC by filing Articles of Organization with the Secretary of State, and the fee is $50 per member with a $300 minimum and a $3,000 cap. You can do that yourself online. The second job is the part that protects you, choosing the right entity, writing an operating agreement among the owners, and setting up the company so your personal house and savings stay separate from business debts. That second job is where a Memphis business lawyer earns the fee.

A good formation lawyer does more than file paperwork. They help you decide between an LLC, an S-corp, and a C-corp based on how you plan to make money and pay yourself, draft an operating agreement that spells out ownership and what happens if a partner leaves, register you for Tennessee's franchise and excise tax, and flag licenses you need before you open. If you have a co-founder, the operating agreement is the single most important document you will sign.

Talk to a Memphis business formation lawyer if any of the following fits your situation.

  • You are starting a company and want it set up so your personal assets are protected.
  • You have a business partner and need an operating agreement that covers ownership, decisions, and exits.
  • You are not sure whether an LLC, S-corp, or C-corp is right for your taxes.
  • You are bringing in investors or issuing membership interests.
  • You are buying an existing business or converting a sole proprietorship into an LLC.
  • You need contracts, a noncompete, or an employment agreement drafted alongside the entity.
  • You want to register a trademark for the business name at the same time.
  • You missed an annual report or franchise-tax filing and need to fix it.

How forming a Tennessee LLC actually works

Step 1 is choosing a name and confirming it is available with the Secretary of State. Step 2: filing the Articles of Organization and naming a registered agent with a Tennessee address. Online filings usually process within a few business days. Step 3, the one people skip, is the operating agreement among the owners. Step 4 is getting an EIN from the IRS, opening a business bank account, and registering for Tennessee's franchise and excise tax. After that, you file an annual report with the state every year, with a $300 minimum fee, and pay the F&E tax. A lawyer can do the whole setup as a flat-fee package, and for a multi-owner business the operating agreement is worth doing carefully.

What this typically costs in Memphis

$300 min
State filing fee
$750-$2,000
Flat-fee setup + agreement
$250-$450
Typical hourly rate
$300+/yr
Annual report fee

Most Memphis business lawyers bill $250 to $450 an hour, but formation is usually sold as a flat fee. A simple single-owner LLC setup with a basic operating agreement often runs $750 to $1,200; a multi-owner company with a custom operating agreement, ownership splits, and tax planning runs $1,500 to $2,000 or more. On top of legal fees you pay the state's filing fee, $50 per member with a $300 minimum, and every year after, the $300-minimum annual report plus the franchise and excise tax. Ask for the flat fee in writing and confirm whether it includes the operating agreement and the EIN.

What is specific about business formation in Tennessee and Memphis

  • Per-member filing fee. Tennessee charges $50 per LLC member to file Articles of Organization, with a $300 minimum and a $3,000 maximum, so a multi-owner LLC can cost more upfront than in many states.
  • $300 annual report. Every Tennessee LLC files an annual report with at least a $300 fee, due each year, and missing it can lead to administrative dissolution.
  • Franchise and excise tax. Most Tennessee LLCs owe the state's franchise and excise (F&E) tax, an ongoing cost worth planning for with your accountant.
  • Registered agent required. Every Tennessee LLC must list a registered agent with a physical Tennessee address to receive legal notices.
  • Pass-through by default. A Tennessee LLC is taxed as a pass-through for federal purposes unless you elect otherwise, but the state F&E tax still applies, which is a key difference from no-income-tax assumptions.

Memphis firms that handle LLC and business formation

Updated February 24, 2026. Verified across Super Lawyers, Justia, Expertise, and firm records. We do not accept payment for placement. Where a firm's aggregate client rating is not yet compiled, we say so rather than invent one.

1

The Bailey Law Firm

Business formationMemphisFounded 1996

A Memphis firm founded by Olen Bailey Jr. in 1996 that represents business owners in entity formation for corporations, LLCs, and limited partnerships, backed by more than 30 years of legal experience. A strong fit for owners who want a seasoned hand on setup and structure.

Free ConsultationLLC FormationEntity ChoiceBusiness Law
2

Douglass & Runger

Business & estateMemphisLLC formation

A Memphis firm offering LLC formation and broader business-law services, guiding owners through setting up limited liability companies and choosing the right structure. A fit for entrepreneurs who want formation handled alongside estate and succession planning.

Free ConsultationLLC FormationOperating AgreementsSmall Business
3

Crislip Philip

Business formationMemphisEntity selection

A Memphis business-formation practice whose attorneys explain the entity options, help determine which type best fits the business, and walk owners through the formation process. A practical fit for a first-time owner who wants the choices in plain English before filing.

Free ConsultationEntity SelectionLLC & CorpStartups
4

Futhey Law Firm PLC

Business & transactionsMemphisFormation & deals

A Memphis firm that handles business purchases, employment agreements, and the formation of LLCs and corporations, and also litigates business disputes when they arise. A fit for owners who want one firm for setup and for any deal or dispute that follows.

Free ConsultationLLC FormationBusiness PurchasesAgreements
5

NHS Law Firm

Business entitiesMemphisFormation & changes

A Memphis firm that aids in the formation, acquisition, modification, sale, and dissolution of business entities. A solid choice for owners who want help not just starting an LLC but managing it through later changes. Ratings not yet aggregated here; check Justia and Super Lawyers for current reviews.

Free ConsultationEntity FormationAcquisitionsRestructuring

Talk to a Memphis LLC and business formation lawyer — free.

Tell us briefly what you are building. We route a confidential request to a best-fit Memphis firm in this directory. No obligation, and most offer a free first consultation.

Submitting this form does not create an attorney-client relationship. Do not send confidential documents until you have signed an engagement letter.

LLC Formation in Memphis — FAQ

How much does it cost to form an LLC in Memphis?
Tennessee charges $50 per LLC member to file Articles of Organization, with a $300 minimum and a $3,000 maximum, so a typical small LLC pays $300 to the state. A Memphis lawyer who forms the LLC and drafts an operating agreement usually charges a flat fee of about $750 to $2,000 on top of the state fee.
Do I need a lawyer to start an LLC in Tennessee?
You can file the Articles of Organization yourself through the Tennessee Secretary of State. A lawyer matters most for the operating agreement, multi-owner ownership splits, raising money, and choosing between an LLC, S-corp, or C-corp. For a simple single-owner business, the legal help is mostly the agreement and tax setup.
What is Tennessee's annual report and franchise tax?
Every Tennessee LLC files an annual report with the Secretary of State, with a minimum fee of $300, and most LLCs also owe the state's franchise and excise (F&E) tax. These ongoing costs surprise some new owners, so a Memphis business lawyer and your accountant should walk you through them before you form.
What is an operating agreement and do I need one?
An operating agreement is the contract among the LLC's owners that sets out who owns what, who decides what, how profits are split, and what happens if an owner leaves or dies. Tennessee does not require you to file one, but skipping it is the most common and costly mistake multi-owner businesses make.
LLC, S-corp, or C-corp — which should I pick?
Most small Memphis businesses start as an LLC because it is simple and protects personal assets. An S-corp election can save on self-employment tax once profits are solid, and a C-corp fits businesses raising venture money. A Memphis business lawyer and your accountant should decide this together based on your numbers.
Does forming an LLC protect my personal assets?
An LLC generally separates your business debts from your personal house, car, and savings, but only if you keep the company separate: a real operating agreement, a business bank account, and no mixing of personal and business money. A Memphis lawyer helps you set it up so the protection actually holds.

Related on LawFirmSquare