Change LLC: Everything You Need to Know
Sometimes businesses need to change an LLC and important information on their articles of formation3 min read
Sometimes businesses need to change an LLC and important information on their articles of formation. Businesses need to change their address, members, or LLC name. The name that seemed right when you formed your LLC may not seem right anymore. Your LLC name may contain the name of a former partner or otherwise be inappropriate. No matter what the reason, you can easily change the name of your LLC by filing documents with the Secretary of State (SOS).
The most time-consuming part is changing your name on all the business accounts, marketing materials, and contracts.
Key Things You Need to Change the Name of Your LLC
Below is a list of things you must do to change the name of your LLC:
- Find out if the name you want is available.
- Approve a resolution to change business name.
- Amend the articles of organization to change LLC name.
- Amend your operating agreement.
- Notify licensing and taxing agencies.
- Change the name of the LLC on business accounts.
- Change the name of the LLC on everything else.
The business will spend time and money changing accounts, forms, business licenses, websites, and marketing materials.
Changing the LLC's Address
The first step to changing the address is finding your articles of incorporation. The rules are different in every state, but typically the LLC is required to notify the SOS. The filing fee is usually $20-50. The LLC can contact the SOS in their state to inquire about specific requirements. Consult the LLC articles of organization to see if the office address is the registered office or if it is an address of a registered agent of the LLC.
If it is the company's address, the documents have to be changed. Some states allow businesses to change the address with the Change of Address form.
Other entities you need to change your address with:
- The business must also change their address with local, federal, and state authorities.
- The LLC can change their address with the IRS by filing Form 8822-B, a Change of Address or Responsible Party Form.
- The LLC should contact all local agencies regarding changing their business address with them.
- The business should order new checks, business cards, and letterhead with the new address.
- The business should send out a change of address letter to businesses of clients they normally receive mailed correspondences from.
- The business must also change their address with the post office.
Changing the Members of an LLC
If an LLC is managed by members, the members may change the members of the LLC. If the business is managed by managers, the managers are typically the ones with the authority to change the members. Here are some other common reasons you might file an amendment with the SOS in your state:
- The company name changes.
- To update registered agent's contact information.
- The company has a new business address.
- To change the number of shares.
- And, to change the business activities.
Generally, the LLC does not have to change the information with the SOS immediately. Anything on the original documents may be amended by filing an amendment. The articles of organization are public record, so the company always needs to make sure that the documents on file are correct. Most states don't require the LLC to report the change until the annual information report is completed.
The articles of formation are used if there is a dispute in the ownership of the company, so you should do your best to make sure they are always correct. The Articles of Formation and Articles of Amendment protect the company if there is a dispute. Some states require that the documents be mailed or delivered to the SOS in person, while others allow you to file them online.
The fee to file an amendment varies by state. So, there is nothing to file until the annual report is due. If there is no annual report required in the state, the only way to change the members is to file an amendment to the articles of incorporation. The amount of time it takes for changes to be made depends on the state where the company is formed.
In California, for example, it can take up to eight weeks. Some states offer expedited service for an additional fee. After the amendment is filed the state SOS will typically send a copy to the LLC.
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