Seeing a business grow and expand can be exciting. However, it also comes with new challenges and responsibilities. You may find yourself thinking of making changes to keep up with the growth. Some of those may affect the structure of the business. So you need to know how to file an amendment.
Formation Documents
The first thing to understand is the formal paperwork that an LLC has to submit in order to register the company with the state. In most states, this document is known as the Articles of Organization or Certificate of Formation.
The Articles of Organization will set out basic information related to the business. It usually requires the business owner to disclose the following details:
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- LLC Name
- Name And Address Of The Registered Agent
- Names And Addresses Of Members And Managers
- Description Of The Business
- Signature Of The Organizer
Some states may require the submission of other pieces of information. Make sure to understand state laws and check the requirements with the appropriate state agency. Read this article to learn more about the process of forming an LLC.
Generally, a decision to make changes to any information reported on the LLC’s Articles of Organization requires the business owner to file an amendment. The process and requirements on how to file an amendment will vary depending on the state where a business is registered.
How To File An Amendment
An amendment will allow a business owner to alter certain terms found on their company’s formation documents. If you want to amend the information found in the LLC’s operating agreement, then do so without reporting it to the state. That is because this paperwork is an internal document that is not available for public viewing.
However, there are changes that must be reported to the state. Common changes that may require the submission of amendment paperwork include the following:
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- Business Name
- LLC’s Purpose
- Management Structure
- Business Address
- Ownership
Some states may also require the filing of amendments if there are changes to the names of members and managers and any information related to the LLC’s registered agent.
To file an amendment, it is important to submit formal paperwork. In most states, this document is called the Articles of Amendment. Using this, companies can update business-related information recorded with the state.
Here is a simple step-by-step guide to help you get started:
- Step 1: Review state laws.
Every state has its own regulations governing business entities, so you will have to check the regulations and statutes in the state where the LLC is organized. For example, some states may require consent from the members of the LLC. Others may have additional steps that need to be completed. The changes that require filing will depend on state regulations. The form and filing fee may vary as well. - Step 2: Check the company’s formation documents.
After reviewing state laws, check the formation documents of the LLC. That means reading the Articles of Organization and operating agreement of the company. Find out if those documents contain any provisions or terms regarding an amendment of the LLC. If there are any, make sure you follow them to prevent issues. - Step 3: Determine what aspects need to change, and find out what to do to modify them.
Be 100% sure about what you are going to amend. Do you want to operate under a new name? Has the purpose of the business changed? Did you move the principal place of business? Appoint a new registered agent? Whatever the change may be, undergo the right process. Most states provide readily available Articles of Amendment forms. File a completed form with the agency in charge of handling such filings. Submission of documents to the state may also come with corresponding fees. - Step 4: Know the deadline.
Some states have deadlines for the filing of amendments. Make sure to keep the time frame in mind. For example, some states may require you to submit amendment paperwork within 30 days of the change. Failure to file on time may lead to penalties. - Step 5: Provide accurate information.
Fill out the form with the necessary information. Make sure they are accurate. While the forms may differ from state to state, certain pieces of information typically needed are:- LLC Name
- Date Of Amendment
- Article Number That The LLC Wants To Amend
- A Statement That The LLC Is Amending The Article
- Information Regarding The Specific Amendment
- A Statement That Other Sections Of The Articles Of Organization Remain In Full Force And Effect
- Signature Of An Authorized Representative
- Step 6: Submit the completed document.
Whether you have to use a readily available form or are allowed to draft a new one, then make sure it reaches the right agency. In most states, the document and fee should be filed with the Secretary of State. Some states may have a different designated agency or department for business filings.The submission of documents can be done by mail or in person. Some states also accept online filings. The processing time will be based on the form of submission and state where the company operates.Once the company receives the state’s approval of the amendments, it would be best to update the company’s website and other marketing materials accordingly. This way, you can make sure that prospective customers and other interested parties are informed of the changes.
Get Help
Knowing how to file an amendment can help you avoid penalties and issues. However, the whole ordeal can be a bit overwhelming for some entrepreneurs. With a busy schedule, it may be hard to set aside time to handle the entire process.
Fortunately, you do not have to do things on by yourself. With the help of a reliable third-party organization like DoMyLLC, have a hassle-free experience. Our team of experts can take care of the paperwork for the company so the owner can focus on growing and managing the business.