By The Wyoming LLC Attorney Team
Mar 08, 2024The LLC Articles of Organization is a legal document that establishes a Limited Liability Company (LLC). It includes information such as the LLC's name, registered agent, business purpose, management structure, duration, and organizer. The document should be reviewed and submitted to the state agency with the filing fee. Filing fees vary by state.
An LLC Articles of Organization is a legal document that serves as the foundation for establishing a Limited Liability Company (LLC) in the United States. This document is filed with the appropriate state agency (usually the Secretary of State or a similar office) to register and form the LLC officially. The Articles of Organization outline the basic structure, governance, and key details about the company, which typically include:
The legal name of the LLC must comply with the state's naming requirements and include an LLC designator, such as "LLC" or "Limited Liability Company."
The name and contact information of the registered agent, an individual or entity responsible for receiving legal correspondence on behalf of the LLC. The registered agent must have a physical address within the state where the LLC is formed.
A brief description of the purpose or nature of the business that the LLC will engage in. Some states require a specific statement, while others allow for a general-purpose clause.
The primary location or headquarters of the LLC, which may be required by some states.
Information on whether the LLC will be managed by its members (owner-managed) or by appointed managers (manager-managed). Details about the members or managers may also be required, such as names and addresses.
The duration of the LLC, which can be perpetual (indefinite) or for a specified period. If not specified, most states assume a perpetual duration.
The name and contact information of the person or entity responsible for preparing and filing the Articles of Organization.
Depending on the state, additional information or provisions may be required in the Articles of Organization, such as an initial report, member capital contributions, or indemnification clauses. The filing process, requirements, and fees can vary by state, so it's essential to review the specific state regulations and consult with a legal or business professional to ensure compliance. Once the Articles of Organization are filed and approved, the LLC is considered a legally recognized business entity, providing its owners with limited liability protection and other benefits.
The filing fee for the Articles of Organization varies by state in the United States. Each state has its own set of rules and fee structures for registering a Limited Liability Company. Generally, the filing fee for Articles of Organization ranges from $50 to $500, depending on the state in which you form your LLC.
For example, here are the filing fees for a few states:
Please note that these fees are subject to change, and additional fees may apply for expedited processing, online filing, or other related services. It's essential to check with the appropriate state agency (usually the Secretary of State's office or a similar office) to obtain the most up-to-date fee information for your specific state.
Moreover, keep in mind that the filing fee is just one of the costs associated with forming an LLC. Other expenses may include obtaining an Employer Identification Number (EIN), registering for state taxes or licenses, and annual report fees or franchise taxes depending on your state's requirements.
Writing the Articles of Organization for an LLC involves following a structured format to ensure all required information is included. Keep in mind that each state may have different requirements, so be sure to consult your state's specific guidelines. Here's a general outline for drafting the Articles of Organization based on the articles you listed:
State the official name of the LLC, ensuring it complies with your state's naming requirements and includes an appropriate designator like "LLC" or "Limited Liability Company."
Provide the principal office's street address, city, state, and zip code. If the mailing address is different from the principal address, include that as well.
List the name and physical address (street address, city, state, and zip code) of the registered agent responsible for receiving legal correspondence on behalf of the LLC. The registered agent must have a physical address within the state where the LLC is formed.
Include a statement confirming that the registered agent accepts the appointment and responsibility of acting as the LLC's registered agent.
Specify the duration of the LLC, either perpetual (indefinite) or for a specified period. If not specified, most states assume a perpetual duration.
Indicate whether the LLC will be managed by its members (owner-managed) or appointed managers (manager-managed). Provide the names and addresses of the managers, as required by your state.
List the names and addresses of the LLC members (owners) and their respective ownership percentages, if required by your state.
Outline each member's initial capital contribution, specifying the amount or value of the contribution and the form (cash, property, or services).
Describe the purpose or nature of the business that the LLC will engage in. Some states require a specific statement, while others allow for a general-purpose clause.
Include a statement indicating that the member’s liability is limited to the extent of their investment in the LLC, following state law.
Provide the name, address, and signature of the person or entity responsible for preparing and filing the Articles of Organization.
After completing the draft, review the document to ensure it complies with your state's requirements, and consider consulting a legal or business professional for guidance. Once finalized, submit the Articles of Organization to the appropriate state agency along with the required filing fee.
Creating LLC Articles of Organization involves a step-by-step process that outlines the essential details about your business. While the specific requirements may vary by state, the following general steps can help you draft the Articles of Organization:
Obtaining the necessary licenses and permits to operate legally is an essential step. Costs may include application fees, background checks, fingerprinting, and legal consultations to ensure compliance with industry regulations.
Specify the state where you plan to establish and register your LLC.
Indicate whether your LLC is a standard (single) LLC or a series LLC, which is a specific type of LLC structure that allows for multiple, separate series or divisions within a single LLC. Note that not all states allow the formation of series LLCs.
If your company offers professional services that require a license, such as legal or medical services, mention this in the Articles of Organization, as some states have specific requirements for professional LLCs.
Include essential information about your company, such as the LLC's name, principal office address, and mailing address (if different from the principal address).
List the name and physical address of the registered agent who will receive legal correspondence on behalf of the LLC. The registered agent must have a physical address within the state where the LLC is formed.
Indicate whether the LLC will be managed by its members (owner-managed) or appointed managers (manager-managed). Provide names and addresses of members or managers, as required by your state.
Outline the purpose or nature of the business that the LLC will engage in. Some states require a specific statement, while others allow for a general purpose clause.
Specify the duration of the LLC, either perpetual (indefinite) or for a specified period. If not specified, most states assume a perpetual duration.
Add any additional provisions, such as member capital contributions, indemnification clauses, or other specific operating agreements, as required or desired.
Provide the name, address, and signature of the person or entity responsible for preparing and filing the Articles of Organization.
Indicate the effective date for the LLC, which can be the date of filing, a specific future date, or a particular event, depending on state requirements.
After completing these steps, review the document to ensure it complies with your state's specific requirements, and consider consulting a legal or business professional for guidance. Once finalized, submit the Articles of Organization to the appropriate state agency, along with the required filing fee.
The LLC Articles of Organization is a foundational legal document that lays the groundwork for establishing a Limited Liability Company. If you're eager to establish your LLC and need expert assistance, we've got your back. Reach out to us through our convenient online form or give us a call at +1 (307) 683-0983. Our committed paralegal team is ready to assist you in navigating the steps required for establishing your LLC. Your journey towards the formal recognition of a Limited Liability Company, with its associated benefits and protections, awaits.