Table of Contents
What are Articles of Organization?
Articles of organization is the official way to start a corporation or LLC in most states. This document is required in every state except Delaware. If you want to incorporate in Delaware, you must use the Uniform Commercial Code.
In some states, articles of organization are referred to as “certificates of formation.” These documents contain much more information about the entity such as the date it was formed, the names of the officers, directors, shareholders, and even the number of shares each shareholder owns. In addition to the basic information contained in a certificate of formation, there are often forms that need to be completed along with the filing fee. For example, in California, the Secretary of State requires that corporations file a statement of information within 30 days of forming.
What are the Articles of Organization’s Objectives?
An articles of organization is required to form an LLC. A corporation requires an articles of incorporation. Both are documents that provide essential information regarding the formation of a legal entity.
The articles of organization provides the basic information needed to start a business. This includes the company’s name, location, registered agent, and contact information. It also contains the date the document was filed.
A corporation cannot exist without an article of incorporation. The articles of incorporation must include the following information:
• Name of the company
• Address where it is located
• Registered agent
• Date of filing
• Number of shares authorized
• Description of the purpose of the corporation
Details that must be included in the articles of incorporation
Each state has different rules about the information that should be included in the Articles of Organization. This article provides some basic information that every LLC must include in its articles of organization. If you want to know more about the specific requirements for your state, contact your Secretary of State’s office.
Article I – Name
The name of the LLC must be written exactly as it appears on the articles of organization. For example, if the LLC is named “ABC Company, Inc.,” then the articles of organization must use the exact spelling of ABC Company, Inc.
If the LLC is registered under a fictitious name, then the articles of the organization need to show the full legal name of the LLC.
Article II – Purpose
This section explains why the LLC exists. You do not need to explain everything here; just make sure that the purpose is clear. An explanation might look something like this: “The ABC Company, Inc. is organized to provide accounting and bookkeeping services.”
You can find sample articles of organizations online. These samples are usually very generic and don’t tell you much about the specifics of your LLC. However, you can still learn a lot from reading these documents.
What distinguishes articles of incorporation from articles of organization?
An articles of organization (AO) is used to form an association. This document establishes the name of the association, the purpose of the association, how it operates and what powers it holds.
An articles of incorporation (AoI) is used to form a corporation. This document establishes the names of the shareholders, the amount of shares each shareholder owns, the number of directors, officers and managers, the address of the registered office, the date the corporation began operating, etc.
How to File Articles of Organization in Wyoming
There is a fee associated with filling out articles of organization. Depending on how you file, there may be additional fees.
Make sure you understand what type of entity you are forming before filling out articles of organization, especially if it is a corporation. If you don’t know what type of entity you want to form, ask someone who does.
The following entities are commonly used to form businesses:
Corporation – A corporation is the most common way to form a business. Corporations must follow federal law and pay taxes. Corporations can hold property and issue stock. They cannot make political contributions.
Limited Liability Company – An LLC is similar to a corporation; however, it is limited liability. You do not personally risk losing money. Instead, the owner of the LLC risks losing his/her personal assets.
Partnership – Partnerships are often formed to avoid paying corporate tax. Partnerships are taxed like a partnership. However, partners still have individual liabilities.
LLC vs Corporation – When choosing between an LLC and a corporation, consider the following factors:
Reasons for rejecting the articles of organization
If you want to start an LLC, it’s important to know what happens if your application isn’t accepted. You might think that the worst thing that can happen is that your application gets rejected. But there are reasons why your application may be rejected. Here are some things to keep in mind about rejection letters:
1. Rejection Letter Reasons:
The most common reason for rejection is failure to comply with one of the requirements listed in Article 4 of Regulation S-K. This includes failing to provide certain financial statements, failing to disclose conflicts of interest, failing to submit a completed Schedule B, or failing to pay the filing fee.
2. Rejection Letter Examples:
Here are examples of rejection letters that we’ve seen over the years. They illustrate the variety of reasons why your application may have been rejected.
3. Rejection Letter Example #1:
This letter explains that the applicant failed to provide sufficient evidence of his/her identity. In addition to providing proof of identification, applicants must also provide proof of residence.
How a lawyer can assist with submitting articles of incorporation
Article of organization is one of those things that most small businesses don’t think about doing. But having a good article of organization is very important, especially if you’re looking into starting up a business. If you are thinking about starting a business, you want to make sure that everything is filed correctly and properly organized. You want to make sure that you do everything legally and correctly. This includes filing articles of organization.
An attorney will help you understand what types of companies are available to you. They’ll explain how each option works and why you might consider using one over another. They’ll also tell you how much it costs to start up a business and how much it costs to maintain it.
A lawyer will give you advice regarding what type of company is appropriate for your needs. For example, some people prefer to form a limited liability company (LLC). Others like to form a corporation. There are pros and cons to both options.
Many people choose to form a Sole Proprietorship over an LLC because they find it easier to set up and operate. However, there are many advantages to choosing an LLC. Some examples include:
1. Limited Liability Protection – When operating a business, you could potentially face lawsuits. Having a limited liability company protects you from being sued personally. Instead, any claims against the company are paid by the company’s insurance policy.
2. Easier Taxation – Corporations are taxed differently than individuals. With a sole proprietorship, you report income and expenses on your personal tax return. On the other hand, corporations must separate their profits and losses.
3. More Flexibility – Corporations offer more flexibility than sole proprietorships. For example, you can buy shares in the company, sell stock to investors, issue dividends, etc. These are just a few of the benefits offered by corporations.
Frequently Asked Questions
Do my name and address have to be on my articles of organization?
According to Article 5 Corporation Law, the name of your corporation must include the word “corporation.” However, there are no requirements for the name of your registered agent. If you choose to use one of our agents, it must be listed under the name of the corporation.
Are there changes to my articles of organization I’m not allowed to make?
If you want to change your articles of incorporation, you must file an amendment to your registration statement. This process includes filing a form called Form A with the Secretary of State’s office, and paying $25. If you don’t do it correctly, you could lose your ability to transact business in the state.
In addition to changing your name, address and principal place of business, you might also want to update your mailing address, phone number, email addresses, and even your bank account information. You’ll also want to check your status as a foreign corporation, because some states require you to register as such if you are incorporated outside of the state.
You can amend your articles of organization online through the Wyoming Corporations Division. To avoid losing your ability to transact business, you must follow certain procedures. First, you’ll need to submit a request to amend your articles of organization. Once approved, you’ll receive a certificate of amendment. Your amended articles of organization will become effective 30 days after the date the certificate is filed with the Secretary of State.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.