Their Purpose and Filing Process
As part of forming an LLC, you will need to file articles of organization. To file these important business documents, you will need some basic information and a clear description of your business structure. Putting together these documents is also helpful in planning your operations and meeting other legal requirements.
What Are Articles of Organization for an LLC?
Articles of organization are necessary parts of the paperwork required to form an Limited Liability Company (LLC) in most states. They might also be called certificates of organization. These documents outline how your business is structured and contain basic information about your business. They might also be used when filing for a loan or at other phases in the life of your business.
These documents are filed along with other forms and documentation to register your business entity with the state(s) where you operate. Depending on the state, you will file with the Secretary of State’s Office either online, by mail, or using an authorized filing service to simplify the process.
What Are the Requirements for LLC Articles of Organization?
Some states require additional information, but in general you should be prepared with these facts when writing your articles of organization:
- The name of your LLC
- The business purpose and description of services or products provided
- The physical address of your business
- The name and address of whichever member will serve as the registered agent, who receives legal notices on behalf of the business
- Information including names and addresses of LLC members, managers, or officers
- The date the business intends to open or officially become a limited liability company
How Are Articles of Incorporation Different from Articles of Organization?
These two terms are often confused, but they are different business filings. Articles of incorporation are filed when forming a corporation-type business entity and require more information on a different form than the articles of organization for an LLC.
Deciding whether to form a corporation vs. an LLC is another important new-business decision that would change the filing requirements. Assuming you have settled on an LLC structure, you will file the articles of organization, or the equivalent, and never use articles of incorporation.
5 Steps to File Articles of Organization for an LLC
Some states require more or less information when articles of organization are filed. You can review the specific requirements with the Secretary of State’s Office or use state-approved filing services that will walk you through the process for your state’s methods of operation.
- Determine if you will file directly with the Secretary of State’s office or use a filing service.
- Complete the forms online or print them out and mail them in.
- Include the filing fees with your submission, usually between $50-150.
- In some states, you may be required to publish a notice of the business formation.
- Wait for acceptance notifications or requests for additional information.
Things to Complete After Articles of Organization Are Filed
After you have filed with the state and received your LLC organizational documents, you will be ready to complete these essential steps to get your business up and running:
- Apply for an Employer Identification Number (EIN). This is also called a federal employer identification number or your federal tax identification number. You will need this if your business has employees beyond owners and members.
- Establish an LLC operating agreement. This is an outline of how your business will operate, make financial decisions, and comply with all applicable laws, regulations, and rules. It should include a chain of command and outline member responsibilities.
- Open a business bank account for your LLC. It is important to separate your business and personal expenses, and this will require a bank account that is in the name of your business. This step also starts you on the path of establishing credit as a business, rather than as an individual.
- Obtain required business licenses. Depending on the nature of your business, you may need some licenses from the state. These might include licenses for liquor, selling food, offering massages, or styling hair.
- File your annual or biannual statement of information on time. Depending on the requirements of your state, you will need to update your business information with an annual report or statement of information, either every year or every other year. If you do business in multiple states, you will have annual or biannual deadlines in each state where you do business.
Filing Your Articles of Organization Online
You can always work directly with the Secretary of State’s office in your area to complete your LLC formation and file your articles of organization. Many small business owners choose to use an authorized business filing service like FastFilings. The small additional fee covers expedited processing and error checking, and annual or biannual updates are easy to complete this way.
You can create articles of organization directly on the FastFilings website and gather the information you need as you go. We also offer sellers permits for sole proprietors, wholesale permits, and certificates of good standing to help establish your business credibility and reputation. Contact us to get started with your next business documents with FastFilings today!