The instructions and related form are not intended to provide legal, commercial, or tax advice, and are offered as a public service without representation or warranty. While the related form is believed to meet the minimum legal requirements as of its review date, compliance with applicable law, as it may be amended from time to time, remains the responsibility of the user of this form. Questions should be directed to the user's attorney. Organizing a limited liability company (LLC) requires filing Articles of Organization with the state. Before filing your organization bylaws, make sure that no one else is using the name you want to use or a similar name that may be confusing.
Most states require you to use the term LLC, Limited Liability Company, or some variation of this designation, such as Betty's Bakery, L. L. C. Then, you should use this exact name every time you officially refer to your business. You must also have a start date for the LLC; the organization's filing and acceptance date for items is the default.
Check with your state for effective date requirements if you prefer a date before or after the filing date. Some states require you to have an organizer, someone who acts to form an LLC, or you may need to list the original members. Who will manage the LLC, one or more members, or a paid administrator? Some states have an optional requirement to appoint the person designated to perform the management functions of the LLC. A professional LLC (PLLC) is an LLC formed by a group of professionals licensed in a specific field. If your company applies as a PLLC, you must indicate in which profession all the members of your LLC will be.
Some states allow only certain professionals to form PLLC. Common professions that PLLC can form are chiropractors, dentists, lawyers, doctors, accountants, veterinarians, and psychologists. You may need to describe the purpose of a PLLC in your organization articles. For example, in Florida, a PLLC must have a single specific professional purpose, such as practicing law or accounting services. Complete the form and mail it along with a check for the specified amount to the state agency or submit the form electronically, depending on the state requirements explained on their website. You may be required to pay by certified check, cashier's check, or other type of mandatory payment. Most states will provide you with a fillable PDF form for use in the application.
Be sure to save the form or at least take a screenshot so you don't have to recreate it. Don't forget to sign the form; it must be signed by an authorized company representative. An LLC operating agreement is similar to a corporation's bylaws. It regulates the affairs of the LLC, how it is managed, how assets are used and how income is shared. It is a document that guides the administration and describes the rights and responsibilities of members.
The operating agreement overrides any default rules in your state, so it's important to have this agreement to describe exactly how you want your LLC to operate. You can complete and submit the organization's articles yourself, and some states allow you to do it online. If you want to make sure your LLC statutes say what you want them to say, get help from an attorney licensed to practice in your state to prepare the document. Organization items can be modified using a specific process that is different for each state; in Florida for example, you must file amendment articles after the original filing date. The modification document should include specific information along with the changes you want to make. Some states only allow you to modify your statutes to change your name; the new name must meet your state's naming requirements.
States also typically charge a filing fee for the amendment document and some allow you to file this document electronically. The organization's articles are part of a formal legal document used to establish an LLC at the state level. The materials are used to create rights, powers, duties, responsibilities and other obligations between each member of an LLC and also between the LLC and its members. After submitting your LLC organization articles, you're probably ready to focus on running your business. For example, New York State Division of Companies Articles of Organization State Records and Uniform Commercial Code form comes in a convenient two-page format and is available online. While details vary slightly from state-to-state, statutes give government basic information about your business. Presenting your organization items doesn't have to be complicated; there are many resources available including those specific to your state. In accordance with New York regulations an LLC operating agreement may be entered into before at time or within 90 days of filing organization bylaws.
We've broken down some aspects of how to present organizational items that should keep process running smoothly. While most states are similar each state has its own rules and procedures for creating an LLC and articles of organization. To form an LLC you must file organization bylaws with state and pay filing fee. You can contact secretary of state or business introduction agency by going office calling or visiting website find information and requirements needed file articles of organization in your state. Articles of organization are similar articles of incorporation and are sometimes referred as certificate of organization or certificate training. Organization bylaws are reviewed by company registrar or secretary of state submitting application. To start filing LLC organization articles you'll need...
