What Are Articles of Organization?

Articles of organization is a document that acts as a formal application to legally establish the existence of your LLC in your state and sets forth the primary details about your new enterprise. Filed as a single doc with the Secretary of State's Office (or similar state organization that handles business registration), the articles of organization describe the basic working traits of the LLC. As soon as the document is filed and accepted by the state, the articles of organization legally create the LLC as a registered business entity in that state.

Articles of Organization for LLCs

Articles of organization for LLCs tell the state how your LLC will be managed. LLCs might be managed both by their members and by separate managers, and most states require you to specifically tell them which kind of administration structure will apply in your LLC.

Period of Operation

States might also request that you identify the amount of time your LLC will be in operation. The period asked for in the articles of organization is the length of time, in years, that your LLC will function. If the LLC is not going to operate continually, you'll be able to state the precise time interval for which the LLC will likely be in operation. Many states don't require you to incorporate a selected period, and a few will even assume a continuous period if none is offered.

In some states there's a statutory restriction on the period an LLC can run. While this is often a large number, if the LLC wants to continue after that time period has expired, then the period can be extended.

What Is Included in the Articles of Organization?

Regardless of the kind or size of your new business, most states require that an LLC's articles of organization include, at a minimum, the following:

  • Your new LLC’s name
  • The type of enterprise it is
  • The LLC's registered agent
  • The identity of supervisor(s) and other members of the LLC, if recognized at the time of filling

Writing the Articles of Organization

Whether or not you write the articles of organization yourself or seek the advice of a skilled lawyer for help, your new LLC's articles of organization don't have to be sophisticated or deep. Articles of organization might be lengthy and drawn out articles or they can be short and simple.

Articles of Organization: Template for Download

Most states' Secretary of State internet sites, such as Delaware, include pre-printed articles of organization that you can fill in and submit. Upon submitting articles of organization, some states provide you with a certificate. Some states simply return the articles of organization with a stamp that identifies it has been submitted, a submitting quantity, and a date. Some states might use an alternate name for the document, such as certificate of formation.

Instructions for Information in Your Articles of Organization

Completing the articles of organization form can be very simple, but there are some key items that you should consider.

Management Structure

In a manager-managed LLC, the members appoint a supervisor or a group of managers to deal with the company’s everyday operations. The manager-managed structure is helpful in conditions where there are too many members to effectively handle the enterprise, or when there are some members who would like to be passive traders.

Location of Operations

In the event you run an enterprise from your private home, you'll be able to list your home office as your principal office. To qualify for the home office deduction on your taxes, part of your home should be used completely and frequently for a trade or business. Most LLCs are member-managed, so include the location where members share the duty for working at the company.

If mail can't be delivered to the company’s location, then include an address where mail can be delivered for the business and verify it on the USPS website.

Registered Agent

The registered agent should consent to being appointed because they are to be the registered agent for the entity. The individual forming the company should be 18 years or older or another enterprise entity.

Articles of Organization Fees

In all states, there is a cost for submitting the articles of organization. The precise cost of the fee or fees varies depending on the state.

Get Help for Articles of Organization

If you need help with articles of organization, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.