How to Amend an LLC Filing

By Elizabeth Rayne

As your limited liability company grows and changes over time, you may determine that you need to amend your filings. Amendment may also be required if you discover that you made a mistake on your original filing. Generally, you only need to file an amendment when making significant changes to the LLC and altering the articles of incorporation. Following the correct steps for amendment will ensure that the state is updated with accurate information about your company.

Step 1

Vote to amend the filing. If there is more than one member of the LLC, there must be a majority agreement to amend the organizing documents. Many states require unanimous voting before amending articles of incorporation. Make a record of the decision.

Step 2

Determine if the amendment requires filing. Not all changes to the organizing documents require amendment. If you want to amend the operating agreement, which specifies how profits are distributed and how the LLC is generally managed, you do not necessarily have to file with the state. However, if you want to change the company's name or address, legal purpose or its members, you likely will need to file an amendment to the articles of incorporation

Ready to start your LLC? Start an LLC Online Now

Step 3

Visit the website for the secretary of state where your LLC is located and registered. Search for the business forms section of the website. Check to see if there is a form to amend LLC filings, often labeled a Certificate of Amendment. If you cannot find the form on the website, call the office for assistance.

Step 4

Research the requirements for filing. Often, you can find the form's instructions on the same page as the Certificate of Amendment template. Some states require all members to sign the form, while other states allow the LLC to appoint one member to sign. The instructions should also specify the filing fee.

Step 5

Download the form from the website and fill it out with the appropriate information. On the form, describe what the change is and when the changes will be effective. Have the appropriate members sign the form.

Step 6

File the form with the Secretary of State with the appropriate filing fee. Keep a copy of the filing for your records.

Step 7

Publish the amendment. Some states require LLCs to publish amendments in a local newspaper after the state has approved the amendments.

Ready to start your LLC? Start an LLC Online Now
Amending an LLC Certificate of Formation in Texas
 

References

Related articles

How to File Amendments to Articles of Incorporation in Texas

As your business evolves, new issues can arise that you didn't contemplate when you first submitted your articles of incorporation. To adjust to the new needs, you can amend your articles of incorporation. For example, you might want to change the name of your corporation, adjust the number of shares the corporation is authorized to issue or expand the number of members of the board of directors. However, if you don’t follow the proper procedures, the amendment can be nullified.

Can I Change an LLC From Members to Managers?

A limited liability company is an independent legal entity formed under your state’s laws. If you choose to organize your business as an LLC, you must also decide whether your LLC should be managed by its members or by non-member managers. While it can be a hassle to alter this decision later, you can change your management structure after you start your business.

Can I Change the Name of My LLC Company?

You can create an LLC by filing the required documents -- called the articles of organization or certificate of formation -- with the state. The information contained in the document includes your LLC's name. You can change the name of your LLC on record with the state by making another filing as required by state law.

LLCs, Corporations, Patents, Attorney Help

Related articles

How to Change an LLC Operating Agreement for Washington State

A limited liability company's operating agreement is the heart of the LLC, because it establishes the entire structure ...

How to Change Articles of Organization for a Missouri LLC

Changing articles of organization in Missouri is an extremely simple process. The law requires that business file a ...

How to Remove an Officer From Articles of Incorporation

A corporation is organized under state law by filing articles of incorporation that specifically conform to the state's ...

How to Change an LLC Filing as an S Corp to a Sole Proprietor

A limited liability company, or LLC, is a business structure defined by state law which protects its members from ...

Browse by category
Ready to Begin? GET STARTED