what lawyer do i need to consult for filing a articles of organization

by Miss Rosalinda Bogan I 8 min read

Services—such as Lexington Law, IncAuthority, and Rocket Lawyer— support their clients in both filling out and submitting limited liability company articles of organization. But paying for such services (on top of the state fee) will be more costly than doing things yourself.

Full Answer

Do I need an attorney to file Articles of organization?

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.

Which articles of organization should I use to file an LLC?

Note: We recommend using the Articles of Organization provided by your state. Click here for all LLC filing forms by state. The above form is just used as a reference.

How do I get articles of organization for my business?

Start with the agency in your state that deals with business issues. This agency is usually part of the state's secretary of state office. Find the information on the website that describes the requirements for the articles of organization. Some states include a sample while others provide an itemized list of the items you will need to include.

Why use legalnature to create articles of organization?

This may occur when someone tries to create their own articles of organization but is not mindful of what the state’s laws say about what information must be included. Using LegalNature to create your articles of organization can solve this problem.

How do you do articles of organization?

To file articles of organization for your LLC, follow these steps:Contact Your State's Secretary of State or Business Filing Agency. ... File Your Articles of Organization. ... Pay the LLC Formation Filing Fee. ... Receive a Certificate of Formation. ... Publish Notice of Formation, If Required.

How do I file articles of organization in Michigan?

How to File Your Michigan Articles of OrganizationSubmit your LLC's official name.Add a copy of the name reservation certificate.Provide the name and address of your registered agent.Certify your LLC has at least one member.Select the type of LLC you're forming.Choose a filing date.

What is the difference between articles of organization and articles of organization LLC?

The Articles of Organization are state mandated and therefore are required by law while Operating Agreements are typically not required by law. The Operating Agreement aids in the wrap up of the LLC while the Articles of Organization will not since they are made to just establish the business.

What type of information is required in the articles of organization?

The articles of organization document typically includes the name of the LLC, the type of legal structure (e.g. limited liability company, professional limited liability company, series LLC), the registered agent, whether the LLC is managed by members or managers, the effective date, the duration (perpetual by default ...

Can I be my own registered agent in Michigan?

Yes, you can be your own registered agent in Michigan. However, after considering the registered agent requirements most business owners elect to hire a registered agent service instead.

Can I be my own registered agent?

A registered agent is simply a person or entity appointed to accept service of process and official mail on your business's behalf. You can appoint yourself, or in many states, you can appoint your business to be its own registered agent.

What is the purpose of articles of organization?

Articles of organization are part of a formal legal document used to establish a limited liability company (LLC) at the state level. The materials are used to create the rights, powers, duties, liabilities, and other obligations between each member of an LLC and also between the LLC and its members.

Is Article of organization same as article of Incorporation?

The articles of incorporation and articles of organization are actually very similar filings and they really only have one main difference: Articles of incorporation are for companies looking to form a corporation, while articles of organization are for limited liability companies (LLCs).

Are Articles of Incorporation the same as articles of association?

Articles of Incorporation are the legal document that creates your corporation. They are also known as Articles of Association, Articles of Formation, or Certificate of Formation in some states. Articles of Incorporation usually include: Name of the founder or incorporator.

Why did my LLC get rejected?

A request for a certificate of good standing can be denied for several reasons, including: Failing to pay a registration renewal fee. Failing to file a required periodic document, such as an annual report or renewal form. Failing to pay various types of state business taxes or fees.

Does an LLC have to have a purpose?

Statement of Purpose. Most states do not require you to be specific about the purpose of your LLC. Instead, a statement such as "The purpose of the Limited Liability Company is to engage in any lawful activity for which a Limited Liability Company may be organized in this state" is usually sufficient.

How do I organize my LLC?

How to Set Up an LLCDecide on a Business Name. ... Designate a Registered Agent. ... Get a Copy of Your State's LLC Article of Organization Form. ... Prepare the LLC Article of Organization Form. ... File the Articles of Organization. ... Create an Operating Agreement. ... Keep Your LLC Active.

What information is required for LLC articles of organization?

Specific requirements vary from state to state; however, in general, most states require the following information: Statement of purpose – The statement of purpose, or the reason for establishing a limited liability company, is required for most states.

How much does it cost to file articles of organization?

This varies from state to state and can vary widely from under $50 to more than $500.

What is an article of organization?

Articles of organization are designed to give the Secretary of State or Company Registrar for the state the information they need to determine whether or not to approve a new company, authorizing that company to conduct business. State laws governing businesses are designed to protect consumers and state residents, ...

What are the state specific requirements for amendments to articles of organization?

When filing a required amendment to previously-filed articles of organization, businesses should be mindful of state-specific requirements which may include time restrictions and the format for amendments. Filing fees may also be required.

Why do states reject articles of organization?

The following reasons are why states may reject articles of organization: Statutory legal formalities are not met. This may occur when someone tries to create their own articles of organization but is not mindful of what the state’s laws say about what information must be included.

Do businesses need to register with other states?

Some types of businesses need to register with other state authorities ; for example, law firms need to register as professional organizations with the state bar in many states. Businesses that will hire employees will need to determine and make arrangements to meet payroll tax requirements.

Can an LLC have more than one owner?

LLCs with more than one member (owner) may also want to consider creating LLC operating agreements and/or member control agreements. These types of documents provide a framework for, and establish, how the company will be governed.

What is the difference between articles of organization and articles of incorporation?

article of incorporation . Articles of organization are the legal documents required to form a limited liability corporation (LLC). Articles of incorporation, also commonly known as certificates of incorporation, perform the same function with the single exception that they are designated for corporations instead of LLCs.

What is the difference between an operating agreement and an articles of organization?

The articles of organization is the document that the Secretary of State’s offices requires for a business formation or when you register a business name. The operating agreement is the business contract that LLC members agree upon for handling disputes or dissolving an organization.

What is an 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.

How much does it cost to file an LLC?

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. 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 ...

What to expect after filing LLC?

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. ...

What is a registered agent for LLC?

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.

Is LLC a partnership?

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.

Is LLC a partnership or corporation?

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.

Can an LLC be regulated?

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 ...

What is a registered agent in LLC?

The registered agent is the point of contact for the business. This person is responsible for accepting all legal correspondence on the company’s behalf. Not only do you need to provide the name of the registered agent, but you also need to provide a mailing address as well.

What is the last piece of information you’ll need to provide?

The last piece of information you’ll need to provide is the effective date of the company. This is the date in which your company will start and stop operations. Typically, business owners will indicate that there is no defined lifespan for the company.

What is an Articles of Organization?

An Articles of Organization is a document which describes your LLC's fundamental operating and identifying characteristics. Drafting a detailed Articles of Organization is an essential step for putting your LLC on the right track.

What is the first thing you need to include in an LLC?

One of the first things you need to include is the LLC's principal place of business. This refers to the LLC's main location or company headquarters and is generally the street where records are kept and management works. If you run your business from a home office, simply list your home address.

How long does it take to file an LLC?

Typically, you can file your Articles of Organization in less than one hour.

What is an LLC?

An Overview of Filing Your Articles of Organization. A limited liability company (LLC) is a type of business which must be registered in the state in which it is located. An LLC is similar to a corporation in that it is a separate legal entity from its owner, meaning that it can obtain a tax identification number, conduct business, ...

Do you need to register a business name separately for Articles of Organization?

An Articles of Organization should include: Your business name (you do not need to register the business name separately if you file the Articles of Organization because registering the LLC also registers the name) The LLC's owners (who are referred to as “members”) The LLC's managers (if different from the owners) ...

Can an LLC be approved without legal help?

As long as your Articles of Organization includes all of your state's required information, it will most likely be approved even if you draft it yourself without any legal help. However, if you are confused about how to get an Articles of Organization for an LLC, post your legal need on UpCounsel's marketplace.

Can you use another company's name in an LLC?

If another company has already registered the name, you cannot use it. Some states do not allow prohibited words in an LLC name, such as: Trust. Insurance. Bank. Your LLC must also have the phrase “Limited Liability Company” or one of its designators (“LLC,” “L.L.C.,” “Ltd. Company,” etc.) at the end of the name.

What is LLC Articles of Organization?

The Articles of Organization is the document that you’ll file with the Secretary of State’s office (or similar division) in the state where you are forming your LLC. Depending on the state, the LLC Articles of Organization may also be called a Certificate of Organization or Certificate of Formation … but they all do the same thing: they register ...

How much does it cost to file an LLC?

The average LLC filing fee is about $132 in the U.S., with the range of fees being $40 on the low end to $500 on the high end .

How long does it take to get an LLC approved?

Most states will process and approve your LLC filing in about 1 week (or sometimes even a few business days). Once you receive back your stamped and approved Articles of Organization (or Certificate of Organization ), your LLC is officially in existence and you can begin conducting business in the state.

How long can you forward date an LLC?

You can forward-date your Articles of Organization though. However, most states will not let you forward-date your LLC filing more than 90 days. This can be helpful if you’re forming your LLC towards the end of year (October through December), but you don’t need to use your LLC right away.

Can you backdate an LLC?

You should file your LLC’s Articles of Organization when you are ready to form your LLC. You cannot back-date an Articles of Organization. Meaning, you can’t start operating your business and form an LLC later, but date it the same date when you started business activities.

What is an article of organization?

As the name implies, Articles of Organization are the document that organizes the structure and basic information of the LLC. "Articles" in this case doesn't mean a series of articles like you might read on the internet. Instead, it means short contractual clauses that are listed one after another in a single document.

What happens if you create an LLC?

As the name implies, when you create an LLC, your own personal liability is limited for the activities of the business. In other words, if you formed an LLC for your fitness business, and someone got hurt while at your business, they might decide to go after you in court. If they did, your liability would be limited to the assets of the business;

What is LLC business?

Final takeaway: An LLC, or Limited Liability Company, is the preferred business structure for many small- to medium-sized businesses because of its limitation on liability, as well as easy tax structure .

Can an LLC be an LLC without an Articles of Organization?

In fact, the Articles of Organization birth your LLC! No matter the state, a new business can't form as an LLC without a well-drafted Articles of Organization.

What is the article of organization in Arizona?

The articles of organization is a document that sets out basic information about the business.

What is an LLC article of amendment?

Articles of Amendment. To make any changes, the LLC must file articles of amendment—also sometimes called a certificate of amendment or a certificate of change—with the state. The articles of amendment document is easy to prepare. Information typically required includes:

What information is required for an LLC?

Information typically required includes: the business name as it appears on the articles of organization. the date of organization. the information being changed, such as a new LLC name or a change of business address. the exact text of the articles that the LLC is changing. the name and address of the registered agent.

Is LLC a new entity?

Because this information varies by state, always check with your state's filing office for your state's specific requirements. Once the document is approved, the LLC is legally created and registered as a new entity.

Can you change your LLC?

Changing your LLCs formation documents is generally a simple and straightforward process. Reasons for changing your articles of organization can be simple as needing to change your company name or more complicated. Whatever your reason, completing and filing a simple form with the state is usually all you need to do to amend an LLC's articles ...