Posts Tagged ‘Organization’

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Note: I’m not a lawyer & this is NOT legal advice – it’s for educational and fun purposes ONLY!
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Make sure you file your Articles of Organization (sometimes known as Articles of Incorporation) with your state. See for a detailed explanation, and for state-specific directions on filing them.

To create a Limited Liability Company in short LLC, one is required to file the articles of organization with the state. Most of the states offer the applicants a fill in the blank type articles of organization, which is when filled, must be filed back to the office of Secretary of State. In many other cases, the applicants or the attorneys (on their behalf) are free to prepare the article by themselves provided that they have at least the minimum knowledge needed by the state, where the corporation is being created. The nature of the information required in the article may differ in each state.

– First of all, go to the website of the Secretary of State, where you want to form the LLC and from there download the articles of organization. Depending on the place where the article is being submitted, you may acquire the article of organization through email, mail or even in person.

– The very first thing which is asked in the article is the name of your LLC and its address. There are many states which require the use of suffix at the end of the business name like LLC or limited liability company. Another most important thing is that the chosen business name must be unique.

– Mention the purpose behind the formation of LLC. Most of the states require mentioning the nature of the business, which the LLC is planned to conduct. This is mentioned in the website of Findlaw, you can check the website to get the gist of it. However, in most of the cases, the LLC may be asked to mention the specific reason behind the LLCs formation.

– Mention the registered agents name and also the address. Generally the agent should be an adult person or in few cases, a business, which aggress to accept the LLCs legal documents. The address of the registered agent or the business must be in the state where the LLC is being created and where the documents of LLC can be delivered.

– The next thing which would be asked in the articles of organization is to mention the LLCs operational structure. Here names and addresses of all the members must be indicated who will manage the Limited liability company.

– Now sign and submit the articles of organization with the states secretary along will the required fee for filing. The fee may vary for each state.

Articles of Organization Preparing and filing this document is a major step in the formation of a successful business. For other more information visit our website. Hope you will find it resourceful.

This video is in response to some excellent questions I received regarding Articles of Organization & Employer Identification Numbers.

How long does it take to hear back after I filed Articles of Organization with the Secretary of State?

As with the answer to most questions of a legal nature: it depends. Mostly, it depends on your state. The Colorado Secretary of State, for example, generally gives you confirmation of the filing immediately. In Colorado the Articles of Organization are filed electronically with the Secretary of State and in most cases your LLC is immediately registered upon filing. The turn around time in other states may be different, but in Colorado, registration is instant after you file the Articles of Organization with the Secretary of State.

Do I need a DBA or Trade Name?

“DBA” stands for “doing business as.” Some states use the term DBA, some (Colorado included) use the term “trade name” instead. The main reason you might want to register a DBA or trade name is if you are going to operate your business under a name different from the name you registered with the Secretary of State when you filed the Articles of Organization. So, for example, let’s say your LLC has one name but you want to do business under a similar or different name; you would register that DBA or Trade Name by filing a Statement of Trade Name with the Secretary of State. (In Colorado, it is a Statement of Trade Name; other states may call it something else.) However, if you are going to do business under the name that you filed under your Articles of Organization, then you don’t need to file a trade name. You may also need to register a DBA or trade name if you are operating your business as a sole proprietor and have not formed any legal business structure like an LLC or corporation.

Do I need to be registered with the state before I file an application for a Federal Tax ID number or an Employer Identification Number (EIN)?

Yes, if you are going to register your business as an LLC or a Corporation, or some other legal entity that requires registration with the state, then it is typically a good idea to register the business with the state before you submit the application to the IRS for a Federal Tax ID number. The Form SS-4, which is the application for the EIN/Federal Tax ID number (both terms mean the same thing), requires your entity name, entity structure, and the state and date the entity was formed. So, you will definitely need to have a name and structure already worked out and registered before you file an application for a Federal Tax ID number.

How long do I have to wait after filing my Articles of Organization before I can amend them?

Let’s say you successfully filed your Articles of Organization for your new LLC. (Woohoo!) Then five minutes later you realize you transposed the numbers of your business address (Oops!) or misspelled your own name (hey, it happens). You’ll need to amend the Articles of Organization to correct whatever info you messed up. If you are forming your LLC in Colorado or another state where you get confirmation of registration instantly after you have filed your Articles of Organization, you can generally file Articles of Amendment or some sort of other paperwork to make changes in your Articles of Organization instantly after the Articles of Organization have been filed. Otherwise, if your state takes a bit longer or does not automatically confirm your registration, then you should wait until you receive confirmation from your state before amending the Articles of Organization. This is because something may come up where your Articles of Organization do not get approved or registered. In that case, you would need to re-file your Articles of Organization anyway, so filing Articles of Amendment prematurely may make no difference at that point.

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Jan. 26 (Bloomberg Law) — David Segal, a reporter for the New York Times, talks with Bloomberg Law’s Lee Pacchia about his series of articles on legal education. David examines the roles played by the US News & World Report law school rankings, the American Bar Association and the schools themselves in a system that seems resistant to change, despite recent difficulties many law graduates have had finding their first jobs.
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