Articles of organization: What are they and how to file

LLC articles of organization: What are they?

Articles of organization, also known as certificates of organization or formation, are legal documents that provide basic information about your LLC. You must file these documents with the state government where you officially form your LLC.

The approval process can take anywhere from a few days to several weeks, depending on your state's Secretary of State's office. Once your articles of organization are approved, your LLC becomes a legal business entity.

The Secretary of State will review your articles of organization for accuracy. If they find any errors, they may reject your filing. This is usually due to problems with the LLC's name, the type of entity being filed, or failure to follow state-specific filing requirements.

If your articles of organization are rejected, you can usually correct the errors and resubmit by filing an amendment. This document specifies the changes you are making to your original filing.

What is the purpose of the articles of organization?

Articles of organization are legal documents that define the powers, duties, and obligations of your LLC at a state level.

While the specific requirements vary by state, most articles of organization include the following information:

• LLC name
• Purpose of the LLC
• LLC address
• Name and address of the registered agent
• Information about the LLC members, managers, and officers
• Date the LLC will begin operations

Is it necessary to file articles of organization for an LLC?

Yes. All states require LLCs to file articles of organization with the Secretary of State and pay a filing fee.

How to file articles of organization for an LLC

Here is a simplified overview of the process of filing LLC articles of organization:

1. Navigate to the Secretary of State's website

The Secretary of State's website will provide information on the requirements for filing articles of organization, including:

• The LLC articles of organization form
• Whether or not the form can be filed online
• The filing fee
• Any follow-up instructions

2. Gather the necessary information

Before filing, make sure to gather all of the information you'll need to file. Here is a list of some of the important information that most states will require you to have:

• LLC name: Make sure to check the state's business website to confirm that the name you want is not already in use.
• LLC address: Provide the physical address of your LLC. Some states may require a physical address instead of a P.O. box. Your state's Secretary of State website can help you understand the address requirements for your state.
• Start date: This is typically the date you file the articles of organization or the date they are approved.
• Registered agent: A registered agent is someone you appoint to receive legal papers for your business, such as service of process notices, government correspondence, and compliance-related documents.

3. Gather additional information

Before you can complete your LLC's articles of organization application, your state will require you to provide additional information about your LLC's operations and organization. For example, you may need to provide the following:

• LLC purpose: Some states may require you to specify the purpose of your LLC. For example, some LLCs may be limited to a single professional purpose, such as accounting or law.
• LLC manager: Will your LLC be managed by a single manager or by a group of members? You will need to answer this question. Member-managed LLCs typically have fewer members who are involved in the day-to-day operations, while manager-managed LLCs may have a larger number of members who are not involved in day-to-day management.
• Members: In some states, you will need to provide information about the initial members of your LLC, such as their names and addresses. There is no limit to the number of members you can include on your list.

4. FIle the form

Once you have gathered all of the required information, you can submit your LLC articles of organization for approval. You can either mail your paperwork with a check payment or file it electronically, depending on your state's filing requirements.

Tip: Make sure that your articles of organization are signed by the authorized representative of the LLC.

Only Arizona, Nebraska, and New York require LLCs to publish a notice of formation in their local newspaper.

Steps to take after filing your LLC articles of organization

Once your LLC articles of organization have been filed and approved, there are other documents and steps you may want to take:

• Get an EIN or Employer Identification Number.
• Prepare an LLC operating agreement. This agreement provides a blueprint for your business's operational and financial decisions, including policies, procedures, and provisions.
• Open a bank account for your LLC.
• Obtain a business license, if required.

Although most states require the same basic information on articles of organization, each state has its own unique filing requirements, fees, processing times, and submission methods.

Keep in mind that Openbiz can assist you throughout the process to help you complete it successfully.