Once you have established your limited liability company (LLC), approval is the most important thing. However, if there is something you need to change after the LLC approval comes, it is obviously worrisome. If you have the same question about how to correct articles after LLC approval by the state, there is an easy way to do that.
Every state has a rule to change or update your LLC information or Articles after the approval is received from the state. It is normal and very common for any LLC to file an amendment with the respective state to update the state about the changes they made in the LLC.
- An LLC can modify their Articles anytime after approval.
- Every LLC must file an amendment to update the state about the changes.
- Amendment is not required if an LLC makes changes in the oprating agreement.
- Selected articles change requires filing an amendment.
What is an LLC Amendment?
Every state allows all the established companies to update or correct their information after it gets approved by the state. An LLC amendment is a document or application that allows LLCs to inform the state about the modifications they have made to the LLC while running the business. For example, if an LLC decides to change its name for any reason, it must file an amendment with the state.
How to File an LLC Amendment?
Based on the state, the amendment filing varies. Some states allow online filing, while some allow an offline method. The overall filing process is similar. Here are the general steps to file LLC amendments irrespective of the state. Before you file an amendment, make sure to be ready with the articles you are going to change. For example, if you are making a modification to the name or changing it completely, make sure to have all the documents, like the new name filing and name reservation documents, with you.
Step 1: Get the Amendment Form
The first thing is to get the amendment form from the Secretary of State’s website or office. The form is usually available in a PDF format for offline filing. One must download the form on their computer before filling it out and submit it to the offices by mail or fax (whichever is available and convenient).
For the online filers, online forms are available on the official SOS website. You do not always have to download it on your local machine. You can directly fill it out and submit by clicking the necessary options. Online applications are easier, hassle-free, and take less time to submit than offline forms.
Step 2: Fill it Out with the Correct Modifications
Once you get the form, the next step is to fill it out with the correct information. As said earlier, there are selective changes that require amendment, such as the name or purpose of the LLC. You are required to fill out the form with those changes and modifications. Here’s a general list of changes/modifications that need an amendment,
- Change in LLC Name and Address
- Change in the purpose of the LLC
- Change in member-managed or manager-managed structure in LLCs
Once you file the amendment, you must make changes to your operating agreement according to the modifications you made. For some changes, like name and address, you must update the IRS (Internal Revenue Service), your business licenses and permits, and other financial-related documents.
Step 3: Submit the Form to the SOS
The next step is submitting the form. Many states have online provisions for filing an amendment. In many states, on the other hand, they have offline filing, where you must send the filled-out form to the SOS office by mail. If there is a fee to pay, you can send it by check or draft. Usually, no state receives cash. The fee ranges from $20 to $150, approximately, based on the state.
Points to Note While Filing LLC Amendments with the State
- For a member-managed LLC, you must get consent from all the members in the LLC before filing the amendments
- Amendments are for bigger changes, such as a change in name, registered agents, and address of the LLC
- Amendments can be of two types. External changes, such as the registered agent, and another is for internal changes, like changes in members’ contributions. The internal change requires updating the operating agreement.
State-wise LLC Amendment Regulations
In Conclusion
Amending your Articles after getting the LLC approval from the state is a common thing, no matter which state you’re in. However, if the changes are minor or internal, you may not be required to file an amendment. But, if it is external or affects the brand name of the company, you must amend your articles and file the amendment. As mentioned, it is necessary to take other members’ consent before you make any changes or make them official by filing an amendment.
Many states have a separate change of registered agent application process. In this case, you must get the change of a registered agent form from the State SOS official website. The form must be attached to the amendment form when submitting to the SOS.