If you started an LLC and realized that your name and address are now on the public record, you may be wondering if there’s a way to get your privacy back. The answer, unfortunately, is not entirely. Once information goes onto the public record, there’s no way to completely erase it. However, there are ways to get more privacy, either by amending your LLC information with the state or by dissolving your company and forming a new anonymous LLC. We’ll explain both options.
What LLC Information Goes on the Public Record?
When you form an LLC, all of the information on the formation paperwork you file with the state (usually called LLC Articles of Organization) typically goes onto the public record. Most states also require LLCs to file an annual or biennial report, which (for most states) also asks for ownership information, and this information goes on the public record as well. “Going on the public record” means that the information goes into a state database where people can search for your business online and find this information.
The information required on these documents varies by state. In some states, you’re required to list all LLC owners (called members) and/or managers on the Articles of Organization, whereas in other states, like New Mexico and Utah, you aren’t required to list any ownership information on this form.
Here’s the information that is commonly required when you form an LLC:
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LLC organizer (The person who filed the formation documents for your LLC. Cannot be changed later.)
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LLC members’ or managers’ names and addresses
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Registered agent
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Registered office (A physical street address in the same state as your business, where your registered agent will be present during normal business hours.)
Are LLC tax returns public record?
No, LLC tax returns aren’t shared with the public. Your EIN (the business tax ID number issued by the IRS) does go onto the public record. However, it’s still a good idea (and often a requirement) to get an EIN for your business, since it allows you to avoid sharing your social security number with vendors and business partners.
How to Get More Privacy with an LLC
There’s no way to be totally anonymous once your information is on the public record. However, there are a couple ways to get some of your privacy back.
Amend your LLC Articles of Organization
One way to reduce how much of your personal information comes up when people search for your business is to file an amendment of your Articles of Organization with the Secretary of State (or equivalent). When you file an amendment, your original Articles of Organization will still, in most cases, be available online, but it will take slightly more digging to find. Of course, this won’t stop someone who’s doing deep-dive research on your business from finding your personal information, but it may keep casual searchers from seeing it.
What information can I change with an LLC amendment?
It varies by state, but usually you can change your registered agent, principal or mailing address, and member/manager information via an LLC amendment. If you’re currently the registered agent for your LLC, hiring a professional registered agent service is the first step to having more privacy. When serving as your own registered agent, your address must be publicly available, and you’re expected to be present at this address five days a week, 52 weeks a year. A good registered agent service will let you use their business address in place of your own in all address fields that it’s allowed. (What a coincidence: we do that!)
Tip: Whether you want to file an amendment or start a new LLC, Northwest can give you the resources and tools you need. Get a free account with Northwest to access the forms you need to maintain your business on your own, or hire us to do it for you. No obligations.
Dissolve your LLC and form a new one
While amending your Articles of Organization makes it a little more difficult for the public to find the information you originally shared, that information will still be searchable in connection to your business. If you want greater privacy, you’ll need to dissolve the original LLC and form a new, anonymous LLC. Only a few states currently allow anonymous LLCs: Delaware, Wyoming, New Mexico, and Nevada.
If you want to form an anonymous LLC in a state that doesn’t allow you to form one directly, you’ll need to form a holding company in a state that allows anonymous LLCs and make that holding company the owner (aka “parent”) of your other LLC. However, LLC-owned LLCs are complicated, and this should only be attempted with the help of a good business lawyer.
It’s important to note that information about dissolved companies stays on the public record, so even this option doesn’t give you total anonymity. Also, if you have an established brand and want to use the same business name for your new company, it will be easy to trace that name back to your old LLC.
Ultimately, when deciding whether to amend your current LLC information or dissolve and start over, it comes down to how important it is to you to keep this information out of the public eye, and whether it’s worth spending the time and money to start a new LLC.