What is Articles of Organization Drafting?
Articles of Organization are legal documents a Limited Liability Company (LLC) files to be recognized by the state. Since these articles are a way to legally establish the company, you must pay special attention to drafting them clearly and properly.
Read the rest of this article to learn what information should be included in Articles of Organization, how to draft them, and why you should hire a qualified lawyer for help with the Articles of Organization drafting process.
What Key Terms are in Articles of Organization?
Common terms you’ll usually find in Articles of Organization include the following:
- Business name. This is the LLC’s legal name.
- Business address. The company’s physical address must be stated.
- Agent details. The articles should state the person who acts on behalf of the company to receive official documents, such as tax or legal documents. The agent’s name and address must be included.
- Management structure. This specifies how the LLC is managed, such as if owners manage it.
- Purpose. There should be a description of the company’s goal, such as activities they will fulfill to achieve their purpose.
- Signature. The organizer’s signature is required. An organizer is the person who is forming the LLC.
How Should You Draft Articles of Organization?
When compiling Articles of Organization, you should consider some important things so that the drafting and filing processes go smoothly. Since your Articles of Organization will protect personal assets from liabilities that are the business’s obligation, you need to be mindful of some drafting tips.
Know Your State’s Requirements
Different states have their own requirements for Articles of Organization, such as regarding filing them. Check these rules so that you include all the important information required and submit the right forms.
Consider Your LLC Name
Choosing your LLC’s name shouldn’t be taken lightly. The name must be available for use and not violate any other existing trademarks. This will help you to establish your LLC without the risk of future disputes.
Choose the Right Management Structure
Make sure that you’ve selected a suitable LLC management structure. Deciding if it will be member- or manager-managed is important as it determines how the business will operate.
Use Accurate Information
When filing your Articles of Organization, take your time to check that all names, addresses, and other information is correct. Check it against other company documents so that you don’t make any mistakes which could delay approval.
Draft it with Your Operating Agreement
It’s good practice to write your Articles of Organization with your operating agreement. When done simultaneously, this ensures the information in both documents is the same and there are no contradictions which could result in confusion or disputes.
Consider if You Need Optional Provisions
There are some additional provisions you can include in your Articles of Organization, should these be required. For example, you could cap managers’ personal financial liability should there be a company breach, select an effective date when the company’s legal existence begins, or choose a specific event or date on which the LLC will be dissolved.
How Do You File Your Articles of Organization?
After drafting your Articles of Organization, you'll file them with the appropriate state business filing agency. This is usually the Secretary of State. If you’d like to file online, you'll complete an electronic form and pay the required filing fee.
Note that some states allow or require you to file your Articles of Organization by mail.
How Does a Lawyer Help You with Articles of Organization?
Working with a lawyer is advisable when drafting Articles of Organization, because these legal documents need to be clearly written with attention to detail and the relevant laws.
Here’s how a lawyer will help you:
- They’ll check that the Articles are compliant with all relevant state laws and regulations.
- They’ll help you confirm that your LLC name is available and meets your state’s requirements.
- They’ll consider the most appropriate management structure for your business purpose.
- They’ll draft clear provisions so that you minimize your risk of disputes.
- They’ll include customized provisions should these be required.
- They’ll coordinate your Articles with operating agreements and other corporate documents so that everything is consistent.
- They’ll consider any legal or tax considerations that could affect your LLC’s structure.
- They’ll review Articles of Organization that you’ve already drafted, checking them for accuracy and completeness.
- They’ll help you file the Articles of Organization with the right filing authority in your location.
- They’ll also guide you through any post-formation requirements to keep you compliant.
Where to Find a Lawyer for Articles of Organization
If you need to hire a lawyer to draft your Articles of Organization, this is a good idea because it will give you peace of mind. However, you might not know where to find a reputable lawyer. On online legal platforms, you can access a network of qualified lawyers who are experienced to help you with your concerns.
ContractsCounsel is one of the largest online legal marketplaces that provides quick access to a network of vetted lawyers. All the lawyers on the platform have years of experience in contract drafting and review.
If you want to ask a lawyer on the platform to draft your Articles of Organization, here are the steps to follow:
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer, such as your LLC purpose or other details.
- Wait for bids. Receive multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. The platform provides data about the lawyers that will help you select the right one. This information includes the lawyers’ location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your Articles of Organization for a flat fee.
