One of the good parts about operating as an LLC is that you can alter the terms of the company’s operating agreement by filing an LLC amendment. But that is not all that an amendment for an LLC does.
It will be possible for you to update and add to the original content of your articles. And some LLCs need to amend periodically.
You just need to know the right steps! Want to know which steps are we referring to here? Well, you need to read this entire guide to find out!
How Do I Amend the Articles of an LLC?
So, to amend the articles of the LLC, you need to go through these six steps:
Step 1: Determine Whether an Amendment Is Necessary
Before anything else, you should check whether the amendment is necessary or not.
Usually, when articles of an LLC are approved, they do not need any update. But, when LLCs change their name, the address or name of the registered agent, membership ownership, and financial and management structure needs updating.
On that note, changes to the Operating Agreement do not typically require any reporting to the state. But that is not the case for all of the changes.
Also, the laws vary from one state to another. That is why it is a good idea to seek advice from a legal professional or a business before deciding whether you should amend or not.
Step 2: Get the Approval for the Update
The Operating Agreement or bylaws of the LLC should dictate the approval processes for the amendments to the articles of the organization. It is vital to review the Operating Agreement and go through all the steps necessary to obtain approval from the LLC managers and members.
Furthermore, knowing the state law governing the Limited Liability Companies is crucial. Some of the laws may require all the LLC members and/or managers to agree to the changes being made to the Articles.
On the other hand, some states may allow the LLC members to establish their own rules and regulations on deciding who needs to approve the Amendment Articles.
Step 3: Complete Appropriate Government Forms
Next, you should review all the amendment rules for your state. It is a crucial step that will inform you when you should report amendments. If your LLC must report an amendment to the original Articles, you must determine whether the state has a specific form that needs your attention.
Some of the states may refer to the form as Articles of Amendment. This form may also be called a Certificate of Change or Certificate of Amendment.
The amendment announcement requirements that your state has should also be double-checked.
On that note, a few states require LLCs to put out a notice of change to the original Articles of Organization. An LLC that does not follow the notice and reporting requirements can face serious legal troubles in the future.
Step 4: File Articles of Amendment
Some of the states will require you to file the Articles of Amendment within a particular time frame. For that reason, you should check the state rules that determine the deadline for filing the Certificate of Amendment.
Most states will have some sort of authorized form that they will require LLCs to use. Those will be required when you are amending the Articles. The information on those forms will vary from one state to another. But typically, you need to put these pieces of information:
- LLCs name just like it appears on the original Articles of Organization
- Date of organization
- Exact text of the Articles that needs changing
- The information you are changing, such as the change of business address or the new name for the LLC
- Address and name of the LLC’s registered agent
- The effective time and date of the change; the changes become effective upon the filing with the state agency if a date and time are not notated
- Signature(s) of the person(s) authorized to sign documents on behalf of the LLC. This form might need the signatures of all LLC members if the LLC is member-managed
Step 5: Pay Any Fees That Are from the Amendment of the Articles
At this step, you should review the filing fees that are for the Articles of Amendment. The filing fees will vary from one state to another. And it can also change periodically.
So, before you file any LLC forms with the state, it is a good idea to always check the fee schedule.
Step 6: Update the Documents of the Company
You might need to make changes to the leases, Operating Agreement of the LLC, marketing materials, baking information, contracts, and other forms and documents that the LLC uses for day-to-day operations.
However, that will depend on the changes to the Articles of Organization.
Changes to the addresses and changes in the name generally require a significant amount of work when it comes to modifying the documents and marketing materials. Otherwise, the changes will not reflect appropriately in the Articles of Amendment.
As you can see, the steps for an amendment of an LLC are not as complex as you might have thought.
Yes, you do need to manage a good amount of documents, and if you do need help with those, you can always seek legal help.
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