What is A District Of Columbia Amendment?
The District of Columbia requires all businesses to report any changes in the items that are originally listed on the articles. Doing this is known as an amendment. It requires you to file the proper paperwork with the state.
Reasons Why You Need To File An Amendment
Companies in the District of Columbia have to file an amendment in case they make any major changes that will affect the formal entity structure of the entity. No matter what the reason may be, the amendment will formalize the changes.
A. Changing The Company Name –
- LLCs
Sometimes, it may be necessary to change the name of the LLC. To ensure that you will not face any issues, you will have to go through the legal process. You have to submit an amendment to the District. Additionally, you have to update the LLC name on all government records.
- Corporations
Corporations that want to conduct business using a new name also need to file an amendment. You will also have to change the name of your company on all government records.
B. Changing Members Of The Business –
- LLCs
The District of Columbia does not allow LLCs to make changes to the information related to members and/or managers through an amendment. If you have to do this, you will have to include the list on your biennial report. In case the changes happen in between reports, you can file an amended 2-year report form.
- Corporations
The same rule applies to District of Columbia corporations. You cannot make changes to the officers and directors through an amendment. You can update the information on your biennial reports. In-between reports, you will need to file an amended 2-year report form.
C. Changing Address Related To The Business –
- LLCs
The District of Columbia does not let LLCs change their principal office and/or mailing addresses through an amendment. You can update the information on the biennial report or an amended 2-year report form.
- Corporations
You cannot change the principal office and/or mailing addresses of your corporation using an amendment form. You will have to do this on the biennial report. If you move your office location in between reports, file an amended 2-year report form.
D. Changing Contact Information –
- LLCs
District of Columbia LLCs have to make sure the district can reach them. Make sure you inform the proper department if you change your contact information. Generally, the state will forward all legal documents through your registered agent. So, you have to report any changes regarding the contact information of the LLC’s registered agent. You can do this using the Change of Agent form.
- Corporations
Corporations also have to ensure the same thing. Inform the district if you change your contact information. This way, you will be sure to receive legal queries. Since your registered agent serves as the recipient of legal documents on behalf of the corporation. Inform the state of any changes through the Change of Agent form.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – LLCs cannot issue shares. There is no need to worry about this change. But corporations are different. If your District of Columbia corporation is authorized to sell shares, you will have to inform the district of any changes.
What Is Needed To File An Amendment?
LLCs
To formalize the changes, your LLC has to submit a completed Articles of Amendment for a Domestic LLC form to the Department of Consumer and Regulatory Affairs. You can also draft your articles if you do not want to use the form. The District of Columbia requires LLCs to type all documents, but original signatures are not necessary. The filing fee starts at $220. If you choose the expedited service, attach the Expedited Service Action form.
Corporation
Amendment of the Articles of Incorporation in the District of Columbia requires the submission of a completed Articles of Amendment form. You can either use the form from their website or draft your own. All information on the documents needs to be typed. Original signatures are also a must. Be sure to include at least $220 for the filing fee. If you want the expedited service, include a completed Expedited Service Action form.
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 District of Columbia business owners who need help in handling formalities to ensure compliance with the state.
District of Columbia Amendment FAQs
Is There A Filing Fee For The Amendment?
The filing fee for an amendment is $220. For expedited processing, you have to pay an additional $59 for 3-day processing and $100 for the 1-day processing.
Corporations that want to include an increase in shares have to pay additional fees depending on the amount of increase.
- Up to $100,000 – $203
- More than $100,000 – $550
- More than $500,000 – $1,100
- More than $1,000,000 – $1,650
What Information Is Required For The Articles Of Amendment?
LLCs have to provide the following information:
- Name of the company
- The formation date
- Exact text of every amendment
- Effective date
- Authorized signature
Corporations have to provide the following information:
- Name of the company
- Exact text of each amendment
- The adoption date
- Authorized signature
How Long Does It Take The State To Process The Amendment?
The Department of Consumer and Regulatory Affairs usually takes 15 business days to process the amendment. If you mail the documents, you may have to wait longer because it is routed through Maryland first. You can expedite the process by including the Expedited Service Action form.
Do You Receive A Copy Of The Certified Amendment From The State?
The District of Columbia will return a stamped copy to your return address if you mail the documents. If you choose the expedited service, you can request them to return the document by mail or email. You can also choose to pick up the document.
District of Columbia Business Resources
District of Columbia Office of Secretary of State
Phone:
(202) 442-4400
Address:
District of Columbia Department of Consumer & Regulatory Affairs
1100 4th Street SW
Washington, DC 20024
If you’re interested in more info on filing an amendment, call 888-366-9552.