What is A Massachusetts Amendment?
Massachusetts requires all businesses to report changes to information that they originally listed on their Articles of Incorporation/Organization. Doing this requires you to go through the amendment process. As part of this, your company has to file the proper paperwork with the state.
Reasons Why You Need To File An Amendment
Generally, a company has to file a Massachusetts amendment if it chooses to make changes to the organization that will affect the business structure.
A. Changing The Company Name –
- LLCs
Sometimes the best way to move forward is to start fresh. To do this, you may have to change the name of your Massachusetts LLC. You can do this by filing an amendment. Additionally, your LLC also needs to change its name on the records with the state and government.
- Corporations
The same rule applies to Massachusetts corporations. If you want to do business under a new name, file an amendment with the state. Aside from this, you also need to update the company’s legal and official records.
B. Changing Members Of The Business –
- LLCs
The state of Massachusetts has a record containing the list of names, addresses, and contact information of your LLC’s managers. You will have to report any changes to these pieces of information. You can do this by filing an amendment. However, the state does not require you to submit a list of members.
- Corporations
Massachusetts requires corporations to report all of the officers and directors. If there are any changes, let the state know. However, you cannot do this through an amendment. You have to reflect the update on the Change of Supplemental Information form or the annual report. You can also change these pieces of information online for free.
C. Changing Address Related To The Business –
- LLCs
The address of your LLC is a way for the state to contact your company. You have to make sure the state knows if your office location changes. You can file an amendment to update the state’s records. You can also change the address when you file your company’s annual report.
- Corporations
To make sure your corporation receives all legal documents, you have to keep the state updated about the operating address and registered office. If there are any changes, you have to inform the state. However, you cannot do this using an amendment. You have to file the Statement of Change of Supplemental Information form. You can also file online for free.
D. Changing Contact Information –
- LLCs
The Secretary of the Commonwealth has to have a way to reach your LLC. That is why you have to make sure that the contact information of your Massachusetts LLC is well-documented. Since the point of contact of the state with your LLC is the registered agent, it is necessary to inform Massachusetts of any changes related to your LLC’s agent. You can do this by filing a Statement of Change of Registered Agent form. Paper filing comes with a $25 fee, but online filings are free.
- Corporations
The Secretary of the Commonwealth must be able to communicate with your company easily. To ensure this, you have to report any changes in the contact information of your company.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – Massachusetts LLCs do not issue shares. This change only applies to corporations. If your Massachusetts corporation wants to make changes to the number of authorized shares, you have to file an amendment to formalize your plan.
What Is Needed To File An Amendment?
LLC
LLCs that want to file a Massachusetts amendment have to file a Certificate of Amendment with the Corporations Division of the Secretary of the Commonwealth and pay at least $100 for the filing fee. You can do this by fax, mail, or in person. Massachusetts does not have a ready-made form, so you have to draft your own. In-person filings require original signatures. If you submit by mail, specify all enclosed documents on the envelope.
Corporation
Corporations, on the other hand, have to submit Articles of Amendment with the Corporations Division of the Secretary of the Commonwealth. You can download forms online or draft one. Make sure all information is typed. You can submit by fax, mail, or in person. Mail and in-person filings require original signatures. You also need to indicate on the envelope all enclosed documents if you choose to mail the amendment. If you file by fax, attach a Fax Voucher Coversheet. The filing fee for an amendment starts at $100.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to Massachusetts business owners who need help in handling formalities to ensure compliance with the state.
Massachusetts Amendment FAQs
Is There A Filing Fee For The Amendment?
The filing fee is $100. If you fax your documents, you have to pay an additional $9. Corporations that want to increase their shares have to pay $100 for every $100,000 shares.
What Information Is Required For The Articles Of Amendment?
LLCs have to provide the following information:
- Company name
- Federal Employer ID Number
- The date the company filed its original certificate
- Names and addresses of managers
- Names and addresses of people allowed to execute the documents of LLCs with no managers
- Exact text of the amendment
- Authorized signature
Corporations have to provide the following information:
- Company name
- The address of the corporation
- Exact text of the amendment
- Adoption date
- Manner of approval
- Contact information
- Authorized signature
How Long Does It Take The State To Process The Amendment?
The Corporations Division usually takes around 3-5 business days to complete the processing. If you submit in person, the division will finish the processing within 1-2 business days. If you faxed the documents during business hours, they will process your amendment within the day. If you submit after office hours, they will finish in 48 hours.
Do You Receive A Copy Of The Certified Amendment From The State?
You will not receive a copy from the Corporations Division. You can view and download the amendment once they post it on the website of the Secretary of the Commonwealth.
Massachusetts Business Resources<
Massachusetts Office of Secretary of State
Phone:
(617) 727-9640
Address:
Massachusetts Secretary of State
One Ashburton Place, 17th floor
Boston, MA 02108
If you’re interested in more info on filing an amendment, call 888-366-9552.