How to Fill Out Articles of Organization LLC

Learning how to fill out Articles of Organization LLC is one of the first steps of forming an LLC, or limited liability company. This legal document essentially creates your business and must be filed in the state where you will be conducting business. Filing your Articles of Organization are necessary in order to be legally recognized as an LLC.

What Is a Limited Liability Company?

An LLC is a type of business structure that provides its owners, or members, with personal liability protection. It is regulated under state law. It can be thought of as having a combination of the best attributes of a corporation and a partnership.

For instance, like a corporation, an LLC is treated as a separate entity from its owners. Thus, the owners will be shielded from being held personally liable for any of the LLC’s debts or legal liabilities. This makes it a very attractive option for a business owner.

On the other hand, an LLC is similar to a partnership because it does not require all of the formalities of a corporation and has more flexibility. It is also not subject to double taxation and is considered a pass-through entity. This simply means that the LLC’s owners only report the LLC’s profits and losses once, on their personal tax returns.

How to File Articles of Organization for an LLC

Because an LLC is regulated under state law, the process for forming an LLC will vary state to state. However, the requirements for filing Articles of Organization tend to be similar across the board. They are usually pretty simple to file and can be done without the oversight of an attorney.

Before you actually file your LLC’s Articles of Organization, you must have a few things already figured out. First, you need to name a registered agent. A registered agent sends and accepts legal documents on behalf of the LLC. The agent can be an individual or another corporation, as long as they are a resident of the state.

The LLC must also assign officers and create bylaws, or an Operating Agreement. Once you have done all of these things, you are ready to file your LLC’s Articles of Organization.

To file Articles of Organization, there are a few steps that need to be followed:

  1. Go to the state’s Secretary of State website. From there, you can find information about the state’s requirements for filing. This can usually be found in the business division section. Some states provide a sample of what Articles of Organization are supposed to look like, while others just provide a bulleted list of what needs to be included. There are also free downloadable samples available on the internet.
  2. Answer or fill in all of the required sections. Most states require that you describe the LLC’s purpose, or nature of the business, as well as list the names and addresses of all of the LLC’s owners/members.
  3. Each owner of the LLC must provide their signature.
  4. Pay the required filing fee. The costs of filing an LLC’s Articles of Organization will vary by state, but typically they range from $50 to $100.
  5. Send the Articles of Organization to the applicable Secretary of State, or submit it electronically if the state allows.

While all state laws are different, the majority of states require an LLC to renew their Articles of Organization on an annual basis in order to stay active. If an LLC fails to renew, they may be required to resubmit their Articles of Organization and pay the filing fee as well as a reinstatement fee.

What to Expect After You File the LLC’s Articles of Organization

Once the filing payment has been processed by the Secretary of State, the LLC is now an official registered business. You should make sure to keep copies of the Articles of Organization, the official approval by the Secretary of State, and the receipt or order summary.

If you do not know how to fill out Articles of Organization for an LLC and want help, 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 come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.