LLC Articles of Organization: What They Are and How to File

LLCs offer more operational flexibility and simpler tax treatment, while corporations provide easier access to investment capital and more established legal precedents. Some states use different terminology—for instance, Delaware calls limited liability company formation documents "Certificate of Formation"—so always check your specific state's requirements.

Why do you need articles of organization for an LLC?

Filing LLC articles of organization is not optional—it's a legal requirement in all 50 states for establishing a registered business entity. Unlike sole proprietorships, which exist simply by conducting business, LLCs must be formally created through the state filing process. This creates a legal entity separate from its owners, providing the foundation for limited liability protection that shields your personal assets from business debts and obligations and provides tax benefits.

Beyond legal compliance, properly filed articles of organization establish your legal standing for opening business bank accounts, obtaining business licenses, and entering contracts. Banks, vendors, and other businesses will often request proof of your LLC's legal status, which your filed articles of organization provide.

The filing process also protects your chosen business name at the state level, preventing other businesses from using the same name within your state's jurisdiction. This name protection is crucial for building your brand and avoiding confusion in the marketplace.

How to file LLC articles of organization step-by-step

To begin filing LLC articles of organization, you'll need to have basic information about your new business on hand. Here is a basic breakdown of what you need to file for your LLC.

Step 1: Check your state requirements

The first thing to understand is how to get articles of organization for an LLC. Start with a search on your state’s Secretary of State website. Each state maintains its own filing system with specific forms, fees, and requirements. Information to look for includes:

• LLC articles of organization form
• Whether or not you can file the form online
• The filing fee (more on this later)
• Any follow-up filing instructions
• Processing times for standard and expedited filing
• Any state-specific requirements or additional legal documents needed

Many states offer helpful resources like filing guides, FAQs, and sample articles of organization. Take time to review these materials thoroughly, as they often contain important details about your state's specific requirements.

Step 2: Gather required information

Before you start filling out the LLC articles of organization, make sure to gather all of the basic information you'll need. Here is a list of some of the important information that most states will require you to have:

• LLC name. You need to have a name for your LLC. It's important that you check your state's business website to ensure the business name you want isn't already taken.
• LLC address. You'll need to provide the physical street address of your LLC. In some states, your business address can’t be a P.O. box.
• Start date. You'll need to provide an effective date. This is typically the day you file the articles of organization. Your state will give direction on any specific effective date requirements, if there are any.
• Registered agent. A registered agent is someone you designate to receive the legal paperwork for your business. You'll need to provide the name and address of your LLC's registered agent on your form.

Before you can complete your LLC articles of organization, your state may also require you to submit additional information, such as operational and organizational details. Here are some examples of what your state may require:

• Business purpose statement. Some states may want you to state the business purpose of your LLC and outline business activities. For example, some LLCs must enter a single professional purpose when filing, like accounting services or law practice.
• Manager information. Will a manager or group of members manage the LLC? This is something you need to be prepared to answer. Member-managed LLCs usually have fewer members and are involved in the day-to-day operations. Manager-managed LLCs sometimes have a larger number of members who aren't involved in day-to-day management.
• Member information. In some states, you need to provide the street address and names of the initial members of the LLC. There is usually no maximum number of members to include in your list.

Step 3: Complete the form online or by mail

Once you provide the necessary information, you'll need to submit your LLC articles of organization for approval. Depending on how your state lets you file, you can either send your paperwork in the mail with a check payment or file it electronically.

Most states now offer online filing systems that provide immediate confirmation and faster processing. If you’re filing by mail, make sure you're using the most current form version and include all required supporting documents.

When completing your form, pay special attention to:

• Exact spelling of your LLC name (must match your name reservation if applicable)
• Accurate registered agent information (incorrect details are a common cause of rejection)
• Proper signatures from authorized representatives
• Complete address information with correct ZIP codes

Double-check and make sure your document is signed by the authorized representative of the LLC and includes all information before submitting. Corrections typically require filing amendments with additional fees.

Step 4: Pay the filing fee and submit

Filing fees vary significantly by state, so check with your Secretary of State’s office or use the LegalZoom resources listed below. Most states accept online payments via credit card or ACH transfer for online filings, while mail filings typically require checks or money orders.

Consider expedited processing if you need your LLC approved quickly. Many states offer same-day or next-day processing for an additional fee, which can be valuable if you have time-sensitive needs like opening business bank accounts or signing contracts.

Step 5: Handle publication or additional requirements

Arizona, Nebraska, and New York require LLCs to publish a notice of formation in their local newspaper. Each state may have different publishing requirements, but your notice should typically include:

• Your LLC's name
• What county your LLC is in, and its business mailing address
• The LLC's business purpose
• The name of the LLC's registered agent

Make sure to check your state's publishing guidelines because there may be an additional filing fee or specific requirements you'll need to meet.

State-specific rules and variations

While most state laws require similar information when filing LLC articles of organization, every state agency has its own filing requirements and different filing fees, processing times, and ways to submit. Here are some key state filing instructions to know before filing paperwork.

• Alabama: Articles of organization, referred to as a certificate of formation in Alabama, must be filed with the Alabama Secretary of State. You must also include your name reservation certificate.
• Alaska: The document must be filed with the State of Alaska Corporations Section. It can take 10 to 15 days to process the application if you file by mail.
• Arizona: Articles of organization in Arizona must be filed with the Arizona Corporation Commission. After your articles are approved, you'll be required to publish a notice in the newspaper.
• Arkansas: A certificate of organization in Arkansas must be filed with the Arkansas Secretary of State. You must also fill out and file the LLC corporate franchise tax form, which is included with the certificate of organization form.
• California: Articles of organization in California must be filed with the California Secretary of State. Processing usually takes up to five business days. If you'd like a faster approval time, it is recommended to apply online.
• Colorado: Articles of organization in Colorado must be filed with the Colorado Secretary of State online. Colorado provides an LLC checklist to help you prepare what you need ahead of filing your articles of organization.
• Connecticut: Certificates of organization in Connecticut must be filed with the Connecticut Secretary of State. Processing can take up to six weeks, but if you'd like your application reviewed sooner, you can pay an additional fee.
• Delaware: A certificate of formation in Delaware must be filed with the Delaware Division of Corporations. You can either submit your form using the online document upload service or mail the request to their office.
• District of Columbia: Articles of organization in the District of Columbia must be filed with the D.C. Department of Licensing and Consumer Protection. You can file your form online, by mail, or in person.
• Florida: Articles of organization in Florida must be filed with the Florida Division of Corporations. The processing time in Florida is usually between two to 14 business days.
• Georgia: Articles of organization in Georgia must be filed with the Georgia Secretary of State. Processing time can take up to 15 days, but you may pay an additional fee for faster service.
• Hawaii: Articles of organization in Hawaii must be filed with the Hawaii Department of Commerce and Consumer Affairs Business Registration Division. Processing usually takes three to five business days or one day for expedited filing.
• Idaho: A certificate of organization in Idaho must be filed with the Idaho Secretary of State. Processing time can take seven to 10 business days or more when filing by mail.
• Illinois: Certificates of organization in Illinois must be filed with the Illinois Secretary of State. Processing time can take up to 10 days.
• Indiana: Articles of organization in Indiana must be filed with the Indiana Secretary of State Business Services Division. Processing times may vary depending on the method of submission.
• Iowa: Certificates of organization in Iowa must be filed with the Iowa Secretary of State. There is no official form, but the state provides an overview of what's needed on the document.
• Kansas: Articles of organization in Kansas must be filed with the Kansas Secretary of State. Processing typically takes two to three business days but may be faster with online filing.
• Kentucky: Articles of organization in Kentucky must be filed with the Kentucky Secretary of State. Documents are usually processed the same day but can take up to three business days.
• Louisiana: Articles of organization in Louisiana must be filed with the Louisiana Secretary of State. Processing can take one to seven business days but may be faster when filing online.
• Maine: A certificate of formation in Maine must be filed with the Maine Secretary of State. Processing can take 20 to 25 business days, but you can pay an additional same-day processing fee.
• Maryland: Articles of organization in Maryland must be filed with the Maryland Department of Assessments and Taxation. Processing can take four to six weeks, but an expedited filing fee is available if you'd like to have your documents processed within seven business days.
• Massachusetts: A certificate of organization in Massachusetts must be filed with the Massachusetts Secretary of the Commonwealth. Approval time can take one to two business days if you file online.
• Michigan: Articles in Michigan must be filed with the Michigan Corporations Division. You can pay additional fees added if you'd like 24-hour, same-day, or one- to two-hour expedited processing.
• Minnesota: Articles of organization in Minnesota must be filed with the Minnesota Secretary of State. Processing typically takes three to five business days.
• Mississippi: A certificate of formation must be filed online with the Secretary of State of Mississippi. Processing usually takes one to two business days.
• Missouri: Articles of organization in Missouri must be filed with the Missouri Secretary of State. Processing times vary.
• Montana: Articles of organization in Montana must be filed with the Montana Secretary of State. There is also an additional fee to register an assumed business name (or DBA) with the state.
• Nebraska: Certificates of organization in Nebraska must be filed with the Nebraska Secretary of State. In Nebraska, all owners of newly formed businesses must publish a notice of formation in one newspaper for three consecutive weeks once the articles are filed.
• Nevada: Articles of organization in Nevada must be filed with the Nevada Secretary of State. Documents are usually processed on the same day. There are also 24-hour, two-hour, and one-hour expedited options available for an additional fee.
• New Hampshire: Certificates of formation in New Hampshire must be filed with the New Hampshire State Corporation Commission. The form must be legibly printed with black ink or typed on an 8.5" x 11" piece of paper and maintain 1" margins.
• New Jersey: Certificates of formation in New Jersey must be filed with the state of New Jersey. You must also file Form NJ-REG for tax/employer registration. Processing can take up to four weeks, but expedited options are available for an additional fee.
• New Mexico: Articles of organization in New Mexico must be filed with the New Mexico Secretary of State. Processing can take one to three business days.
• New York: Articles of organization in New York must be filed with the New York State Division of Corporations. After your articles are approved, you'll be required to publish a notice in a newspaper.
• North Carolina: Articles of organization in North Carolina must be filed with the North Carolina Secretary of State. Processing can take three to five business days. An expedited option is available for additional fees.
• North Dakota: Articles of organization in North Dakota must be filed with the North Dakota Secretary of State. It can take up to four weeks for documents to be processed.
• Ohio: Articles of organization in Ohio must be filed with the Ohio Secretary of State. Processing usually takes three to seven business days. Faster processing times are available with an additional fee.
• Oklahoma: Articles of organization in Oklahoma must be filed with the Oklahoma Secretary of State. Processing time may vary.
• Oregon: Articles of organization in Oregon must be filed with the Oregon Secretary of State. Processing can take six to eight weeks for mail-in forms but may be faster if you file online or in person.
• Pennsylvania: Certificates of organization in Pennsylvania must be filed with the Pennsylvania Department of State. Processing can take up to 15 business days.
• Rhode Island: Articles of organization in Rhode Island must be filed with the Rhode Island Secretary of State. Processing can take as little as two days when filed online.
• South Carolina: Articles of organization in South Carolina must be filed with the South Carolina Secretary of State. Processing usually takes 24 hours for online filing and two to three business days when filing by mail.
• South Dakota: Articles of organization in South Dakota must be filed with the South Dakota Secretary of State. Processing can take three to five business days, and expedited processing is available for an additional fee.
• Tennessee: Articles of organization must be filed with the Tennessee Secretary of State. Processing times may vary but may be faster online.
• Texas: Certificates of formation in Texas must be filed with the Texas Secretary of State. Processing time can take 70 to 72 days for non-expedited documents sent by mail or fax, 12 to 14 days for expedited documents sent by mail or fax, and 10 to 15 days when submitted online.
• Utah: Certificates of organization in Utah must be filed with the Utah Department of Commerce. Mailed forms must be typed and not handwritten. Processing can take three to 10 business days.
• Vermont: Articles of organization in Vermont must be filed with the Vermont Secretary of State. Processing can take less than one business day if you file online or seven to 10 business days when filing by mail.
• Virginia: Articles of organization in Virginia must be filed with the Virginia State Corporation Commission. Processing times are faster when filed online.
• Washington: Certificates of formation in Washington must be filed with the Washington State Corporation Commission. Online and expedited filing is usually processed within two business days.
• West Virginia: Articles of organization in West Virginia must be filed with the West Virginia State Corporation Commission. The fee can be waived if you have a veteran-owned business. Processing can take five to 10 business days, but an expedited option is available for an additional fee.
• Wisconsin: Articles of organization in Wisconsin must be filed with the Wisconsin Department of Financial Institutions. Processing generally takes up to five business days, but you can pay a fee for expedited filing.
• Wyoming: Articles of organization in Wyoming must be filed with the Wyoming Secretary of State. Expedited processing is not available.

Professional LLC considerations

Some states have special requirements for professional LLCs (PLLCs) that provide licensed professional services like legal, medical, or accounting services. These requirements often include:

• Proof of professional licensing for all members
• Restrictions on ownership to licensed professionals only
• Additional regulatory oversight and reporting requirements
• Higher filing fees or additional forms

If you're forming a professional LLC, research your state's specific requirements for your profession, as these can be significantly more complex than standard LLC formations.

Example: Limited liability company articles of organization

While specific forms vary by state, most follow a similar structure and request comparable information. A typical LLC articles of organization template includes these sections:

Article I. Name: The exact legal name of your LLC, including the required "LLC" or "Limited Liability Company" designation.

Article II. Purpose: A statement of your business purpose, which can be general ("to engage in any lawful business activity") or specific ("to operate a consulting business").

Article III. Duration: Whether your LLC will exist perpetually or for a specific term.

Article IV. Registered Agent: The name and complete address of your registered agent, who must be available during business hours to receive legal documents.

Article V. Management: Whether your LLC will be managed by its members or by appointed managers.

Article VI. Effective Date: When your LLC will officially begin operations.

Common mistakes and best practices

Many delays and rejections stem from preventable errors in the LLC articles of formation. Understanding these common pitfalls helps you avoid costly mistakes.

Name-related issues

• Choosing a name that's already in use or too similar to existing businesses
• Forgetting to include "LLC" or "Limited Liability Company" in the official name
• Using prohibited words without proper licensing or approval
• Inconsistent name spelling between the articles and other documents

Registered agent problems

• Providing incomplete or incorrect registered agent addresses
• Naming a registered agent who hasn't consented to serve
• Using a P.O. box instead of a physical address for the registered agent
• Failing to update registered agent information when changes occur

Technical and administrative errors

• Missing required signatures from authorized representatives
• Submitting outdated forms or using incorrect form versions
• Providing insufficient payment or using unacceptable payment methods
• Failing to include required supporting documents or certificates

Best practices for successful filing

It’s also important to stay organized, complete the steps in the right order, and keep track of all of your legal documents. Here’s how to ensure smooth processing of your LLC articles of organization.

Before filing

• Conduct a thorough business name search
• Reserve your chosen name if you're not ready to file immediately
• Confirm your registered agent's availability and consent
• Review your state's specific requirements and recent form updates

During filing

• Use your state's official forms and online filing system when available
• Double-check all information for accuracy and completeness
• Keep copies of all submitted documents and payment confirmations
• Consider expedited processing if you have time-sensitive business needs

After filing

• Monitor your application status through your state's tracking system
• Respond promptly to any requests for additional information
• Keep your filed articles of organization in a secure location
• Update your records if you need to file amendments later

What to do after filing your articles of organization

After you file your LLC articles of organization and they've been approved, there are some other legal documents and actions you should consider. Here are five things you'll want to make sure you complete after filing:

1. Get an EIN

An EIN, or an employer identification number, is a nine-digit number given to a company by the IRS for purposes of identification. An EIN is also known as a federal employer identification number or a federal tax identification number. EINs are essentially Social Security numbers for your business and are usually required to open a business bank account, obtain a business license, or file a business tax return.

2. Create an LLC operating agreement

To ensure your LLC operates smoothly, you need to create an operating agreement. This agreement outlines your business' functional and financial decisions, including regulations, rules, and provisions. It’s important because it protects your business against personal and financial liabilities, trade secret sharing, and conflicts of interest.

You can take the help of an LLC operating agreement template or a professional agreement service provider to draft your agreement. For added assurance, consider partnering with a professional who can provide legal advice.

3. Open a bank account

Now that you have an LLC designation, you can open a business bank account. Utilizing a business account for your LLC is more manageable than using your personal one because all your business expenses can be found in one place. Opening a business bank account for your LLC is also the first step toward establishing business credit.

It's important to maintain a separation between your personal and business finances to protect your personal assets from liability. Your business accounts should only be used for business so you can properly check your business' financial records.

4. Get a business license

Depending on the type of business you’re opening and your state laws, you may need a business license. Required business licenses will ensure you comply with all state, county, and local laws. You'll need to reach out to your city's licensing authority to obtain an application, or it may also be available online.

5. File an annual report

In many states, you must file an annual report for your LLC with your state agency. Filing this report keeps your company compliant with all state agency regulations and in good standing to preserve your limited liability protection and other benefits.