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Llc Articles Of Organization

March 21, 2024 Uncategorized

LLC Articles of Organization: A Comprehensive Guide

Forming a limited liability company (LLC) requires filing Articles of Organization with your state. This document establishes your business as an LLC and is an important first step. Here is a detailed guide on LLC Articles of Organization and how to properly file them.

What are LLC Articles of Organization?

LLC Articles of Organization are a formal document that legally establishes your business as an LLC. They contain basic information about your LLC such as:

  • The LLC’s name
  • The registered office address
  • The name and address of the registered agent
  • The name and address of each organizer

This document must be filed with and approved by your state’s Secretary of State office. Each state has its own filing requirements and fees.

Why File Articles of Organization?

There are a few key reasons why filing Articles of Organization is important:

  1. Creates Legal Entity: Filings Articles establishes your business as a recognized legal entity in your state. This gives you additional credibility.
  2. Provides Liability Protection: An LLC shields your personal assets from business debts and liabilities.
  3. Necessary for Business Bank Accounts: Banks require proof of an established legal business entity before opening business bank accounts.
  4. Allows You to Operate: Most states require an LLC to file Articles before legally conducting business.

Essentially, LLC Articles of Organization legitimize your business and allow you to legally operate and take advantage of LLC protections and benefits under state law.

What Information Do You Need to File?

The required information depends on your state’s filing forms, but typically includes:

  • Proposed LLC name
  • Name and address of registered agent
  • Principal office address
  • Name and address of each organizer
  • Effective date (optional)

Some states require additional information like business purpose, duration, and LLC management structure. Check your own state’s filing requirements.

How to Write LLC Articles of Organization

Writing your own Articles of Organization is relatively straightforward. Follow these key steps:

  1. Check your state’s requirements and complete filing forms
  2. Choose an available LLC name that meets state rules
  3. Designate a registered agent to accept legal documents
  4. List all organizers with names and addresses
  5. Indicate a principal office address (cannot be a P.O. Box)
  6. Add any optional provisions allowed in your state
  7. Sign and date the Articles of Organization

Some states have templates that outline all required provisions. Using these can help ensure your Articles meet all requirements.

You should also check if your state requires publishing an intent to form an LLC in local newspapers. About 12 states still require this extra step.

How Much Does Filing Articles of Organization Cost?

Filing fees vary by state, ranging from $50 to $500 with an average fee of around $100. Many states also require recurring annual report fees and taxes which range from $25 to $800 per year.

Some key factors that influence state filing fees include:

  • Base filing fee
  • Annual report fees
  • Taxes and licenses
  • Publication requirements
  • Expedited filing options

Be sure to account for these added costs in your business plan. You can check your own state’s current LLC filing fees here.

What Happens After You File?

After your Articles of Organization are filed, here is what happens next:

  1. Processing: Articles are reviewed to ensure they meet requirements.
  2. Approval: Once accepted, your LLC formation is approved.
  3. Official Copies: You will receive approved copies for your records.
  4. Business Licenses: Obtain any required local or state licenses.
  5. EIN: You can now apply for a federal Employer Identification Number (EIN).
  6. Operating Agreement: Draft an operating agreement detailing ownership and rules.

In most states, you can check your application status online and even get approved within 1-2 business days if you pay for expedited filing.

Tip: Set up accounting, tax reporting, bank accounts, insurance, and licenses right after approval to start operating quickly and legally.

What About an Operating Agreement?

An operating agreement is different from your Articles of Organization. This document establishes rules and ownership details including:

  • Member responsibilities
  • Profit/loss distribution
  • Member voting rights
  • Membership changes
  • Dissolution procedures

Your operating agreement is an internal governing document, while Articles of Organization are public records filed with your state.

We recommend drafting your operating agreement shortly after your LLC formation is approved. This further legitimizes your business and provides operating rules for members.

Resources

For more help with filing LLC Articles of Organization, check out these useful resources:

We hope this guide gave you a better understanding of LLC Articles of Organization and how to file them properly. Let us know if you have any other questions!

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