To properly register your new Limited Liability Company with your state, you must file Articles of Organization. The process for filing this document differs by state, but the requirements are usually about the same, and they are fairly simple, as legal documents go.
Difficulty: Average
Time Required: Less than an hour
Here's How:
- First, go to the website of the Secretary of State for your state.
- Find the information on the SOS website in the business division that describes the requirements for the Articles of Organization. Some states include a sample, while others only give you the itemized list of the things you will need to include. Find the amount you will need to pay for the initial Articles of Organization.
- Before you fill out the form, there are some things you will need to decide about the people who own and operate the business:
1. Who will be Members of this LLC? 2. Will the members be managing the company, or will the company hire a professional to manage the business? - A Registered Agent must be designated for the company. The Registered Agent is the person responsible for sending and receiving official paperwork. This person should be responsible and be able to make decisions about business matters. This person should also have check writing authority.
- The business must designate a legal address, not a post office box, where business correspondence may be received. Usually this is the address of the Registered Agent.
- You will need to be able to describe the activities of your business. That is, for what purpose or purposes are you opening this business? To run a day care center? To operate a consulting business? To make and sell baked goods to local grocery stores? Just a brief description is acceptable.
- Some states will require you to list the names and addresses of the Members of the company.
- Once you have answered all of these questions, you should be ready to fill in the blanks of the form. Be sure you answer clearly and completely.
- Finally, when the document is complete, mail it along with a check for the amount
Tips:
- Make sure you have included the terms "LLC" or ",LLC" (that's a comma before the LLC) or "Limited Liability Company" in the name of the company. Most states require this designation.
- The Registered Agent should be someone who is familiar with legal matters. You can ask an attorney to be the Registered Agent, but you will probably be charged for every transaction your attorney undertakes as your Registered Agent. The paperwork isn't very difficult, so you can probably get someone in your company to do it, if you don't want to.
- You don't need to register your business name if you are filing Articles of Organization. The registration of the LLC serves to also register your business name.
- Use a business checking account for the check, if you already have one. This makes your business seem more legitimate, to the state. Some banks may not give you an account until you file the Articles of Organization, but most will.
What You Need:
- The names and addresses of the Members
- The name and address of the Registered Agent
- The official name of the company
