In this article
The Articles of Organization is the document that creates an LLC. You file it with the state, and when the state accepts it, the company legally exists. It is short, but it is one of the papers a bank will ask for. This guide explains what it contains, what it is called in different states, and how it differs from the operating agreement. To have it filed for you, see our LLC formation service.
What the Articles of Organization is
It is the formation filing for an LLC. In most states it is called the Articles of Organization. In a few, including Delaware and Texas, the same document is called the Certificate of Formation. The state treats them the same way: it is the filing that brings the company into being.
What it usually contains
- The company's name, with its LLC ending.
- The registered agent's name and street address in the state.
- The company's principal office address and mailing address.
- Whether the LLC is member-managed or manager-managed. See member-managed vs manager-managed.
- In some states, the names of the managers, members or the person filing (the organizer).
- The business purpose, which is often a general one such as "any lawful business".
- Sometimes an effective date, if it should start later.
It is a public record, so what you list there can be seen by anyone. Read are LLC owners' names public in the USA? before you decide what to include.
Articles of Organization vs operating agreement
| Articles of Organization | Operating agreement | |
|---|---|---|
| Filed with the state | Yes | Usually not |
| Public | Yes | No |
| What it does | Creates the LLC | Sets how it is run and who owns what |
| Length | A page or two | Several pages, or short for one owner |
You need both. The Articles makes the company exist, and the operating agreement is what holds the owners to their arrangement.
Steps to file
- Choose the state and check the name is free. See how to choose an LLC name.
- Appoint a registered agent in the state.
- Fill in the state's form, usually online.
- Pay the state filing fee. Check LLC filing fees by state for the current figure.
- Keep the approved copy the state sends back.
Changing it later
To change a detail, such as the name or the registered agent, you file an amendment with the state. Some changes, such as a new address, can be made with the yearly report instead.
Frequently asked questions
Is the Certificate of Formation the same thing?
Yes. It is the name some states use for the same document.
Do I need a lawyer to file it?
No. It is a state form, and you can file it yourself or use a filing service.
What do I do with it after approval?
Keep it safe. You will need it to apply for an EIN, to open a bank account, and sometimes to register in another state.
This is general information, not legal advice. Forms and fees differ by state, so check the state's own website before you file.
Related guides
Written by the Jupiter Filing team
Jupiter Filing helps founders from any country form and run a US company online: formation, EIN, registered agent and yearly compliance. This guide is general information, not legal or tax advice.
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