Articles of Organization

What are Articles of Organization?

Filing articles of organization fulfills the legal requirements for creating an LLC and tells the state key information about your business, such as the business name, who runs it, and where it is. Articles give your LLC a unique identity and allow it to apply for an employer identification number (EIN), which may be necessary to open a business bank account and collect taxes as a legal entity.

In most states, you can file articles online with your Secretary of State's office, or you can hire an online legal service such as LegalZoom to complete the filing process for you. You will need to provide information such as a business name, description of your business activities, business address, information about the members or managers, a registered agent, and a start date. Filing fees and other requirements will vary by state.

Learn more about articles of organization and how to file them. 

FAQs 

What’s the difference between articles of organization and articles of incorporation?

Both documents serve the purpose of legally establishing a business entity with the state. Articles of organization are for forming an LLC, while articles of incorporation are for forming a corporation. That said, some states have one name for all business entities.

Do I need to file articles of organization to get an EIN?

Yes, if you are forming an LLC, your business must file articles of organization with your Secretary of State's office and be approved by the state before you can obtain an EIN from the IRS. Until you do that, you are operating as a sole proprietor and paying taxes under your own Social Security number. 

Do I need a business license to start an LLC?

You do not need a business license to start an LLC; however, certain industries and locations do require a business license to operate legally. After your LLC is formed with the state, you need to research and obtain any necessary federal, state, and local licenses and permits that apply to your specific business activities and location.

Do I need an operating agreement to start an LLC?

In most states, an operating agreement is not legally required, but it is strongly encouraged. A well-written operating agreement helps business owners simplify business operations and manage business finances.

Do I need a registered agent to start an LLC?

Generally, yes, most states require every registered business entity to have a registered agent listed in its articles of organization. A registered agent is a person or business designated to accept delivery of legal documents and official notifications for the business. An LLC's registered agent must have a physical address and be available during normal business hours—this may be different from the business mailing address. You can be your own registered agent as long as you meet the state requirements.