Mistaken LLC Filing? Here’s What to Do Next!

Steve Bennett
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
Save time and start your LLC with confidence - use the best professional help:
#1 TOP PICK
  LegalZoom - ($0 + State Fees) Online LLC Setup

Filing an LLC is an important milestone, but the process can be confusing, and mistakes occur more often than people expect. It may be a wrong business name (often due to spelling mistakes), listing the wrong business address, choosing the wrong registered agent, or even filing in the wrong state. These errors can lead to delaying or rejection of the entire filing process. However, states provide clear ways to correct them easily.

Key Takeaways
  • Most LLC filing errors can be corrected without dissolving the company.
  • Amendments fix incorrect details, while correction forms address typos or inaccurate information.
  • Some states allow rescission for accidental filings.
  • IRS updates must be completed separately after state corrections.

LLC Filing Mistakes Often Occur

Mistakes in LLC filings occur for many reasons, and understanding the cause makes it easier to identify the correct solution. In most cases, the error is simply procedural and can be corrected quickly. There might be small mistakes, but that affects the formation process largely. It can be delayed, or in worst scenarios, the formation can be rejected by the SOS of the state.

Incorrect or Unintended LLC Formation

A common issue occurs when an owner files the wrong entity or uses the wrong state’s portal. This can happen when instructions are misread or multiple business formation tabs are open. Once processed, the state considers the LLC active unless corrected.

Errors Inside Articles of Organization

Sometimes, the information entered in the Articles of Organization contains mistakes, such as incorrect member names, addresses, or registered agent details. Because this information becomes part of your public record, inaccuracies can affect banking, legal filings, and future updates.

Filing at the Wrong Time

Timing issues also create problems. Some owners file earlier than intended or later decide they don’t want an LLC structure at all. Once the state has processed the formation, the filing must be amended, corrected, or rescinded, depending on state rules.

Fast Fact
Most states process amendments faster than new LLC filings, making timely corrections easier than many owners expect.

How To Fix Mistaken LLC Filing

There are several ways to correct an LLC filing, depending on the type of mistake. The right option usually depends on whether the error involves basic information, structural details, or the filing itself. Every state has a document, commonly known as an Amendment, which must be submitted with corrected information to the Secretary of State’s office or online to complete the process.

File an Amendment

If the LLC itself is correct but the details in the filing are not, an amendment is usually the simplest fix. This is often used for correcting the LLC’s name, updating the address, changing the registered agent, or fixing management information. Each state provides its own amendment form, which can be found on the official website of your Secretary of State.

For example: Texas Certificate of Amendment OR Wyoming Article of Organization

Wyoming Amendment to Articles of Organization

Example of Amendment to Articles of Organization form from the Wyoming Secretary of State.

Submit a Certificate of Correction

When the problem is a typo or a piece of incorrect information entered during the original filing, a Certificate of Correction may be all you need. This form allows you to point out the mistake and provide the correct information. It doesn’t change the LLC structure, just the record on file.

For example, the Texas Certificate of Correction

Texas Certificate of Correction

Example of Texas Secretary of State’s amendment and correction form.

Request a Rescission or Cancellation

In some cases, the entire filing is accidental. Because of this, certain states allow owners to rescind or cancel the LLC within a short window, often between 30 to 90 days. This option essentially wipes out the filing as if it never happened. If your state doesn’t offer rescission, you may need to dissolve the LLC before starting over.

Pro Tip
Before submitting any correction, call your Secretary of State’s business division. The IRS requires separate updates for tax records.

Conclusion

Mistakes in LLC filings are more common than many entrepreneurs realize, but states provide several ways to correct them. Whether your situation requires an amendment, a correction form, or a recission, acting quickly helps maintain compliance and prevents future complications. Utilizing official state resources maintains your business’s good standing and prevents unnecessary delays later on.

Leave a Comment