Guide / llc formation

What is Articles of Organization

Updated: February 12, 2026

Articles of Organization is the official document that creates a Limited Liability Company with the state. Once approved, the business becomes a separate legal entity from its owners.

Before filing, the business does not legally exist. After approval, the LLC can sign contracts, open bank accounts, hire workers, and receive liability protection.

Every state requires this filing, although the name may vary slightly such as Certificate of Formation or Certificate of Organization.

What Information the Document Contains

The state only asks for essential identifying details, not internal business rules.

Typical required information:

• LLC legal name
• Registered agent name and address
• Business address
• Management structure such as member managed or manager managed
• Organizer name and signature
• Business purpose in some states
• Duration if not perpetual

Ownership percentages and profit sharing are not included. Those belong in the operating agreement.

Why It Is Important

This document determines when liability protection begins.

Without it:

• Owners operate as sole proprietors or partners
• Personal assets remain exposed to business debts
• Banks and payment processors refuse business accounts
• The business cannot legally enter contracts as an entity

The approval date is legally significant because actions taken before it remain personal liability.

Where to File

You file with the Secretary of State or equivalent business authority in the state where you want the LLC registered.

Usually done:

• Online through the state business portal
• By mail using a state form
• Through a registered agent service

Online filing is fastest and commonly approved within hours to a few business days depending on the state.

Step by Step How to Get Articles of Organization

  1. Choose a unique LLC name
    Search the state business database to confirm availability
  2. Appoint a registered agent
    Must have a physical in state address available during business hours
  3. Prepare basic company details
    Business address and management type
  4. Complete the state filing form
    Enter the required information exactly matching your records
  5. Pay the filing fee
    Typically ranges from about 50 to 500 USD depending on state
  6. Submit to the state
    Online submission is usually immediate
  7. Receive approval certificate
    The stamped document becomes proof the LLC exists

What You Receive After Approval

The state returns a filed stamped document. This is often required for:

• Opening business bank accounts
• Applying for EIN with the IRS
• Registering for taxes
• Payment processors
• Commercial leases

Keep both digital and printed copies permanently.

Common Mistakes

• Using a name without checking trademark conflicts
• Entering a mailing address as registered agent address
• Selecting wrong management type
• Spelling inconsistencies across documents
• Operating before approval date assuming protection exists

The LLC only exists after state acceptance, not submission.

After Filing

Formation is only the first step. You still must:

• Create an operating agreement
• Obtain an EIN from the IRS
• Apply for licenses if required
• Open a business bank account
• File initial reports in some states

Resources

Small Business Administration register your business
https://www.sba.gov/business-guide/launch-your-business/register-your-business

IRS EIN application
https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

National Association of Secretaries of State filing portals
https://www.nass.org/business-services

Legal definition of limited liability company Cornell Law
https://www.law.cornell.edu/wex/limited_liability_company

Frequently Asked Questions

Is Articles of Organization the same as a business license?
No. It creates the company but does not grant permission to operate regulated activities.
How long does approval take?
From same day to about two weeks depending on state and filing method.
Can I change information later?
Yes by filing an amendment with the state.
Do I need a lawyer to file?
No. Most small businesses file directly through the state website.
Is the document public?
Yes. Most states publish it in their business registry.
What happens if it is rejected?
You must correct errors and resubmit. The LLC does not exist until accepted.