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If you have a limited liability company in Florida, chances are you will need to make changes to the documents that established your company, known as the Articles of Organization, at some point. The process of making these changes is called amending your Articles of Organization, and can often be confusing for those unfamiliar with the process. This article outlines the steps involved in amending Florida Articles of Organization.
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Before you can begin to amend your Articles of Organization in Florida, it’s important to first understand what an amendment is. Essentially, an amendment is a change made to the Articles of Organization that were originally filed with the Florida Department of State Division of Corporations. These amendments can either be minor or major.
A minor amendment typically only changes a small aspect of the document, such as a change to the name of a member, or the addition of a new registered agent. A major amendment, on the other hand, involves more significant changes such as changes to the company’s management structure, adding or removing members, changing the company’s name or changing entirely the purpose of the LLC.
Step-By-Step Guide to Amend Your Florida Articles of Organization
#Step 1: Start by reviewing your Articles of Organization
Before you file an amendment to your Articles of Organization, you should take time to review it carefully. Check if the Article has any specific provisions regarding changes or amendments and make sure the amendment you plan to make clearly makes sense within the context of the document. It is better to confirm with a business attorney, together with the fee for legal review, as they can help provide guidance in whether or not this is a necessary change. Additionally, confirmation on adherence to legal compliance documents can easily avoid exposure to any legal issues adverse to the amendment.
#Step 2: Identify changes that require the amendment
You should take time to carefully consider which changes in your Articles of Organization need to be made and which ones can wait for filing in the future. Remember, any changes that affect management structure, personnel changes, changing name or logo, or changing the purpose or scope of your LLC would require filing an Amendment.
#Step 3: Prepare the filing document
To prepare for the filing document, get a certified copy of the Articles of Organization from the Florida Department of State, Division of Corporations. You will also need to prepare the amendment document stating the proposed changes. You can access form LLC-1.906 or create your document.
When completing the form, there are details that are required. These details include a cover letter addressed to the Division and filing fees of $25 paid by Money Transmittal Form MT-Corporation.
*Note that, there are instances when you will need to fill out a different form depending on the type of amendment you’re looking to make. If unsure of the required for your new filing option, you may request for helpful guidance from your business attorney.*
After filling out and reviewing the amendment document thoroughly, obtain signatures of all members whose name appeared in the address line of the Articles of Organization. Note that, It must be those signatory in effect at the time of the amendment posting.
#Step 4: Filing the amendment
The completed amendment and Identification Number Certification should be sent to Florida Department of State by mail, or the most preferred mode of filing is by e-filing for LLCs via an account's Managers. The e-filing method is quite efficient as the process is faster, and you receive E-mail notifications pertaining to records consideration or rejection rather than waiting for an extended duration on regular mail delivery.
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Submit efiling requirements through the Sunbiz.org portal log-in portal or public solution account portal. Ensure to enter the required details, then an EFT payment would be made via “pay now” on an electronic clearance system.
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#Step 5: Wait for confirmation
Upon filling of the documentation request, it can range from 5-7 working days for processing time. After the posted official offer Date, the Step Final could be that the Division puts out or posts an updated content on its records as compliant.
Conclusion
Amending Florida Articles of organization does not suggest the dissolution of the currently accepted document, rather completing corrections or supplemental details approved electronically alongside identification number certificate approved. Whether the ideas involve adding partners, shedding shares, moving to another business, or making any more notable amendments, understanding the legal conditions that must be met offers ample assurance in business development's legal process. Finally, it is important to consult your lawyer beforehand to curb the rates posting before starting the filling requirements.
Clarifying pointers like Who would be filing? Supplemental details found in the Article of Organization concerning amendments, required forms, needed signatures, appropriate fees, processing time for fillings forms for revision as guides can move the Process along quite efficiently as it will be continually touching the service offered without getting back for resources or necessary documents.
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