What Are Articles of Organization for an LLC?
Articles of organization are a mandatory document that an LLC organizer completes to form a limited liability company (LLC). The organizer provides the LLC’s name, purpose, management structure, and other details on the form. Then, they file it with their state’s Secretary of State (or a similar agency) to officially create the LLC.
By filing the document, the organizer forms a separate legal entity. This process helps separate their personal assets from the company’s liabilities, preventing confusion and legal issues.
Articles of organization are required to form the company, while an LLC operating agreement is an internal document that establishes the company’s operating procedures. Read about the differences between articles of organization and an operating agreement to learn the role of both in your LLC.
What to Include in an LLC’s Articles of Organization
The exact details you need to provide on your LLC articles of organization will depend on your state’s form and process. However, there are some general elements that remain consistent across each state’s articles of organization for an LLC:
- LLC name: Ensure that your LLC name is not taken. Check your state’s Secretary of State website to confirm that the name is available.
- Principal business address: List the location where the company’s main course of business takes place.
- Registered agent: Provide the name of your registered agent, who is the designated individual or entity that will receive legal documents on your LLC’s behalf.
- Management structure: Specify whether your LLC will be member-managed or manager-managed. You may need to list all members if it’s member-managed, helping you define your company as a single-member or multi-member LLC.
- Purpose: Establish the company’s direction by listing its purpose.
- Organizer’s signature: The organizer creating the articles of organization should sign their name.
What Are Articles of Organization Called in Each State?
When you’re looking for articles of organization for your state, you may notice they’re called something different. Some states use unique terminology, such as a certificate of formation or certificate of organization. Despite the different nomenclature, they mean the same thing.
How to Form an LLC
Forming an LLC requires registering it with the state by filing your articles of organization, but not before choosing a valid name and appointing a registered agent. Some steps also come after the official registration, including writing an operating agreement and getting an Employer Identification Number (EIN). Follow the steps below to form your LLC, regardless of what state you’re in.
Step 1 – Choose a Name for Your LLC
Begin by choosing a name for your LLC. Ensure that you follow your state’s rules, as you often must include “LLC,” “Ltd.,” or some acceptable variation to indicate that your business operates as a limited liability company. Some states may ban the inclusion of certain words, such as “bank” or “trust,” without first acquiring special permission. Stay within your state’s constraints to ensure the Secretary of State doesn’t reject your LLC name.
Find your state’s Business Entity Search website below to see if your desired name is already in use:
| Alabama | Alaska | Arizona |
| Arkansas | California | Colorado |
| Connecticut | Delaware | District of Columbia |
| Florida | Georgia | Hawaii |
| Idaho | Illinois | Indiana |
Most states allow you to reserve your LLC’s name for a set period (usually 60 to 120 days). Some states also allow a renewal of the initial period. Consider reserving it so that another company cannot claim it first.
Step 2 – Appoint a Registered Agent
Once you choose a business name, you should appoint a registered agent for your LLC. A registered agent is a person or entity that’s responsible for receiving legal documents and compliance notices on your LLC’s behalf.
In most states, your registered agent must meet the following criteria:
- Have a physical address where the LLC operates
- Be available during normal business hours
- Be a legal adult (at least 18)
Some states have different requirements for an acceptable registered agent. Be sure to review your state’s requirements for differences in the eligibility of individuals, corporate entity options, and state-level filing or signature requirements.
Step 3 – File the Articles of Organization
File the articles of organization with your state’s Secretary of State. Completing this task officially registers your LLC to operate in your state. Ensure you pay the necessary costs of filing your articles of organization.
Step 4 – Write an Operating Agreement
This is an optional step in most states, but you may want to create an LLC operating agreement. It lets you dictate the terms for your LLC’s governance and operating procedures, giving you more control and flexibility. Without an LLC operating agreement, your entity will be guided by default state laws, which may not reflect your preferences.
Where Is an LLC Operating Agreement Mandatory?
If you’re registering an LLC in one of the following states, you must write an operating agreement:
- California
- Delaware
- Maine
- Missouri
- New York
If you live in any other state, an LLC operating agreement is optional.
Step 5 – Apply for an EIN
Apply for an EIN through the IRS so that you can:
- Protect your personal identity
- Separate your LLC’s finances and liabilities from your personal assets
- Establish credibility with vendors
- Hire employees
- Open business bank accounts
- Build business credit
Step 6 – Acquire Necessary Licenses
Obtain any business licenses or permits required to operate in your area. The types of permits needed depend on the scope of your LLC. For example, a food business may need health permits, while contractors often need trade or building licenses. Check with your state and local agencies to determine which licenses apply to your area of business.
Step 7 – Comply With Reporting Requirements
Once you form your entity and commence LLC operations, you’re not done with paperwork. Depending on your state’s requirements, you may have to file annual or biennial reports to keep your LLC’s information current with the Secretary of State. Other reporting requirements may include filing the following forms to help you stay in good standing:
- Franchise tax filings
- Annual tax filings
- Payroll tax reports (if your LLC has employees)
- Unemployment insurance reports (if your LLC has employees)
How to Get Articles of Organization for Your LLC
Legal Templates makes it easy to fill out the LLC articles of organization for most states. We provide the official state form in our document editor, allowing you to record your details with ease. View the filing instructions below to access your state’s form and learn where to mail it to complete the filing.
Note: Some states don’t offer a fillable PDF document. Instead, they require filing directly through their Secretary of State’s (or a similar agency’s) online portal. If you live in one of these states, use the links below to fill out and file your articles of organization online.
How to File Your LLC Articles of Organization
Complete your state’s LLC articles of organization accordingly. Some states may require more details than others, so be as thorough as your state requires. Then, mail your articles to file them and form your LLC.
Use the table below to find the correct mailing address for filing your articles of organization. Remember, some states only allow online filing, so you may need to complete your state’s articles of organization directly through an online portal. We also cover additional documents you may need to submit alongside your articles of organization.
| State | Statute | Official Articles of Organization Form | Mailing Address | Additional Documents to File With Your Articles of Organization |
|---|---|---|---|---|
| Alabama | AL Code § 10A-5A-2.01 | Alabama Certificate of Formation | Secretary of State, Business Services PO Box 5616 Montgomery, AL 36103 |
• Certificate of Name Reservation |
| Alaska | AK Stat § 10.50.070 | Alaska Articles of Organization | State of Alaska, Corporations Section PO Box 110806 Juneau, AK 99811-0806 |
n/a |
| Arizona | AZ Rev Stat § 29-3201 | Arizona Articles of Organization | Arizona Corporation Commission - Examination Section 1300 W. Washington St. Phoenix, AZ 85007 |
• Statutory Agent Acceptance Form • Cover Sheet • Member-Structure Attachment (for member-managed LLCs) • Manager-Structure Attachment (for manager-managed LLCs) |
| Arkansas | AR Code § 4-38-201 | Arkansas Certificate of Organization | Arkansas Secretary of State Business Services Division State Capitol Little Rock, AR 72201-1094 |
n/a |
| California | CA Corp Code § 17702.01 | ***Online filing only for the California Articles of Organization*** | n/a | n/a |
Post-Filing Requirements for Articles of Organization
Three states require you to publish notice of your LLC’s formation after you file your articles of organization. These three states are the following:
- Arizona (AZ Rev Stat § 29-3201): You must publish a notice of LLC formation within 60 days of approval. The notice must appear in three consecutive publications of an approved newspaper in the county of the LLC’s principal address. LLCs formed in Maricopa and Pima counties are exempt from this requirement because the state posts notices online for these counties.
- Nebraska (NE Rev Stat § 21-193): You must publish a notice of organization in a newspaper of general circulation in the LLC’s principal office county for three consecutive weeks.
- New York (NY LLC L § 206): You must publish a notice of LLC formation in two newspapers (one daily, one weekly) once per week for six consecutive weeks. Publication must occur within 120 days of LLC formation. You must also file a certificate of publication with the Department of State.
Costs of Filing the Articles of Organization
All states charge a fee to officially file the articles of organization. Below, you can view how much it costs to file the articles of organization by paper in each state. We’ve also included the online filing fees for the states that only offer online methods.
| State | Fee to File the Articles of Organization |
|---|---|
| Alabama | $225 ($200 paper filing fee + $25 for mandatory name reservation) |
| Alaska | $250 paper filing fee |
| Arizona | $50 paper filing fee |
| Arkansas | $50 paper filing fee |
| California | $70 online filing fee |
How to Change Articles of Organization for an LLC
Refer to your LLC operating agreement to know the process for getting internal approval for your proposed change to your articles of organization. For example, you may want to change your business name or management structure.
Once you get internal approval, fill out your state’s articles of organization amendment form, all of which are listed below. File it by sending it to your state’s Secretary of State and pay the associated fees.
