The Articles of Organization is the document you file with the Secretary of State’s office to officially form your LLC (Limited Liability Company).
You can think of it like a “birth certificate” for your LLC.
Note: The name for the Articles of Organization varies by state. While most states use the term Articles of Organization, some states call this filing the Certificate of Organization or Certificate of Formation. These all mean the same thing: the document that registers your business as an LLC.
You must file your Articles of Organization before you can legally begin doing business with your LLC.
LLCs are formed at the state level, so the Articles of Organization document and filing process are slightly different in every state.
We’ll explain the general process of how to file your LLC Articles of Organization. Then we’ll provide links to step-by-step instructions for every state, so you can form your LLC quickly and correctly.
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(We recommend Northwest. We've reviewed all the top companies in the industry. And Northwest is our #1 pick for prices, customer support, and address privacy. Check out Northwest vs LegalZoom to learn more.)
What information do I need to complete the Articles of Organization?
Before you file your Articles of Organization, you should gather all of the information you need to complete the filing.
Your Articles of Organization will ask for your LLC’s:
- Name,
- Business and mailing addresses,
- Registered Agent,
- Effective Date,
- Duration,
- Business Purpose,
- Management structure (Member-managed or Manager-managed), and
- Name of the Organizer (the person or company submitting your Articles of Organization).
Some states ask for a few other items, but the above is pretty standard in most states.
Note: If you’re ready to form your LLC now and you’re comfortable doing it yourself, you can use the following link to jump to our step-by-step filing instructions for your state below.
If you’d rather hire a company, we recommend Northwest Registered Agent. You can read about why we think Northwest is the best in our Northwest Registered Agent review.
How much is the Articles of Organization Filing Fee?
You must pay a filing fee when you submit your Articles of Organization. This fee goes to the Secretary of State.
The average filing fee is about $150.
In some states, the Articles of Organization filing fee is as low as $40, or as high as $500.
You can file your Articles of Organization online or by mail.
- If you file online, you can pay the fee with a debit or credit card.
- If you file by mail, you can pay the fee with a check or money order.
(Some states, like Texas, allow you to create online payment accounts. This is a great option if you plan to create and maintain multiple LLCs.)
For a list of filing fees in all 50 states, please read How Much Does an LLC Cost by State?
Note: Just because some states have cheaper LLC filing fees doesn’t mean that these are the best states to form your LLC. To learn which is the best state for your LLC, please see Best State to Start an LLC.
How long does it take to get an LLC after I file my Articles of Organization?
If you file online, most states will process and approve your LLC filing in about 1 week (or in some cases, same-day).
Your LLC is formed and can legally begin doing business in the state once:
- You receive the approved copy of the Articles of Organization from the Secretary of State, or
- Your business appears on the state’s business database as an active LLC.
You can check how long it takes to get an LLC for your specific state in How Long Does it Take to Get an LLC?
How to get an LLC Articles of Organization
You can submit your Articles of Organization online through your Secretary of State’s website.
Most states also have a free Articles of Organization PDF form that you can file by mail.
That said, we generally recommend the online filing because it’s faster and easier.
Alternatively, you can:
- write your own Articles of Organization, (as long as they meet state requirements), or
- use our free Articles of Organization template.
That said, it’s best to use the online filing system provided by your state.
Reason being, if you draft your own Articles of Organization (or use a generic template), you could forget to list something required by state law, and your filing could be rejected.
(And if your LLC structure is complex, you may want to have an attorney draft your Articles of Organization.)
But this is rare. And most LLC formations are simple and straightforward.
How to file Articles of Organization
To file your Articles of Organization in most states, you’ll need to:
- Visit your Secretary of State’s website.
- Open their Online Filing System or download their PDF.
- Then submit your filing and pay the fee.
If you’d like to file yourself, we have step-by-step instructions for every state:
(If you’d rather not do a DIY filing, you can hire an LLC formation company. The company we recommend is Northwest Registered Agent.)
Once you submit your filing to the Secretary of State, they’ll review it and approve it.
Approval in most states takes about 7 to 10 business days.
That said, LLC Articles of Organization can be rejected. If this happens, the Secretary of State will explain the exact reason for the rejection.
Keep in mind, LLCs are controlled by state law and each state’s rules are different.
It’s important to know these rules before submitting your Articles of Organization so it doesn’t get rejected.
Why might my Articles of Organization be rejected?
Your Articles of Organization filing can be rejected if it doesn’t meet the state’s requirements.
The main reason most LLC filings are rejected is for issues with the LLC Name.
Name requirements vary by state, but in all 50 states, two businesses in the same state can’t have the same name.
The Secretary of State will reject your Articles of Organization filing if the LLC’s name:
- is already taken by another business in your state, or
- is too similar to another business in the same state.
Let’s look at some examples:
Example 1: Let’s say your name is Mary Kay, and you want to make and sell organic makeup online. So you file an Articles of Organization for the LLC name “Mary Kay’s Cosmetics LLC“.
In some states, adding the “s” isn’t enough to make that distinguishable from the existing business name of “Mary Kay Cosmetics“. So in this case, your filing would be rejected, and you would need to find a new name before resubmitting your Articles of Organization.
Each state has their own quirky rules.
So if you submit your Articles of Organization to them without understanding your state’s LLC name requirements first, your filing will likely be rejected.
Example 2: Let’s say you are forming an LLC in Louisiana.
In Louisiana, your LLC filing will be rejected if the LLC name sounds too similar to an existing LLC, even if the spelling is completely different. This includes Creole pronunciation.
That’s why it’s important to do an LLC Name Search first.
Even if your LLC name is available, some states have certain terms flagged and require additional documentation when submitting your Articles of Organization.
Example 3: Let’s say you want to start an online Minecraft guide website called Minecraft Engineering LLC.
Even though you aren’t actually doing engineering work, many states will require you to get clearance from a state agency because the word “Engineering” is in your LLC name.
This is because certain industries (like engineering, medicine, banking, etc.) require professional licensing and registration. Said another way, the state doesn’t want your business to seem like it’s providing a service that it isn’t legally allowed to provide.
And while most states will allow you to resubmit a rejected filing without paying another filing fee, some don’t.
For these reasons, we recommend reading our LLC Starter Guides before filing your LLC formation documents.
Free step-by-step instructions for forming your LLC
Our free guides will explain your state’s requirements, and give you step-by-step instructions for filing your Articles of Organization, so your filing gets approved the first time.
Alternatively, you could hire Northwest Registered Agent to file your Articles of Organization for you.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
Steps to take after filing Articles of Organization
Once your Articles of Organization is approved, you should:
- Create an Operating Agreement (you can use our free generator)
- Get an EIN
- Get business licenses and permits
- Open an LLC business bank account
LLC Articles of Organization FAQs
Who signs the Articles of Organization?
The person who signs the Articles of Organization is called the LLC Organizer.
The LLC Organizer is the person who registers the LLC with the Secretary of State. This is the only duty of the Organizer.
The Organizer can be an owner (called an LLC Member) or they can simply be just the Organizer and not a Member (think of an attorney or an LLC filing company).
Most people who follow our free LLC guides tend to sign their own Articles of Organization and act as the LLC Organizer (as well as the LLC Member).
For example: Juanita files the paperwork to create an LLC for her jewelry store called ‘Nita’s Necklaces.
Since Juanita files the formation paperwork herself, she must list herself as the LLC Organizer.
And since she’s the owner of the LLC, she’ll list herself as an LLC Member.
Pro Tip: If your Organizer isn’t also a Member or Manager of your LLC, we recommend that they sign an LLC Statement of Organizer.
Reason being, after your LLC is formed, the Organizer’s job is done. And you’ll want a signed document showing they’re no longer associated with your LLC.
Also, some banks may ask for this document when you open your business bank account.
For more information on the difference between these 2 roles, please read LLC Organizer vs LLC Member
What’s the difference between Articles of Organization and an Operating Agreement?
The Articles of Organization is the document that officially forms your LLC.
It is a required filing with the state that must be approved before you can start doing business as an LLC.
The Operating Agreement is the document that details who owns the LLC, and the rules for your LLC.
For example: An Operating Agreement details how ownership, money, and voting rights work for your LLC.
While Articles of Organization must be filed with the Secretary of State, the Operating Agreement doesn’t (it’s an “internal document”).
Meaning, you don’t have to file your Operating Agreement with the Secretary of State – or any other government agency.
You simply make sure that all LLC Members have a copy of the Operating Agreement, and keep a copy with the LLC’s business records.
Can I write my own Articles of Organization?
Technically, yes, you can write your own Articles of Organization.
That said, we don’t recommend it.
Reason being, you’re far more likely to miss a state requirement if you aren’t using the Articles of Organization provided by the state.
You can file your LLC’s Articles of Organization online in all 50 states using your state’s Online Filing System.
And we recommend the online filing because it’s faster and easier.
Most states also offer a PDF form that you can download and file by mail if you prefer a paper filing.
That said, if your LLC has a more complex structure than most LLCs, then we recommend speaking with your attorney.
They can make sure that your LLC’s additional articles meet state legal requirements.
What is an example of the Articles of Organization?
Here’s an example of what most states’ Articles of Organization looks like:
While you can write your own Articles of Organization, we recommend using the state’s online filing system instead.
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
How to amend this LLC to another name? Galloway farms and Cattle
Hello, please see this page: How to change your LLC name. Alternatively, you could file a DBA name for your LLC and do business under both names.
Hello.
i am the only managing member of my company at the moment. How should I proceed with the formation of this company? I already have an EIN number. Please advise
Hi Stephan, you can visit our homepage and then select your state. Then follow our step-by-step lessons. There is nothing particularly special (or different) about forming a Single-Member LLC. The EIN you already have won’t work, since your LLC doesn’t exist yet. You’ll need to form the LLC, wait for it to be approved, and then get a new EIN from the IRS.
Hi Matt.
Thank you for the excellent info. It’s a real university.
I don’t understand something.
How does the state know who owns the LLC. In the Article of Organization, there aren’t any member details, and the agreement of operation is something that I write for myself.
Thank you.
Hi Barak, you’re very welcome! Thank you :) Great question. If the Members are not required to be listed in the Articles of Organization, that means the Secretary of State’s office doesn’t need to know who the Members are. Ownership is in the LLC Operating Agreement. The Members still must report their taxes, so the state finds out who the owners are, but it’s through the Department of Revenue (or equivalent agency) and not the Secretary of State… unless there is an Annual Report filing which requires the Members to be listed. Hope that helps :)
Tnx for the rapid response.
Am I missing something?
If the state and nobody else knows who owns the LLC, how can I be sure that no one will control my company?
[Assume I setup LLC “BDI LLC” (billion-dollar investments), and assume the company has 1B$.
what does prevent anybody to write an operating agreement, which declares that he is the only member of the LLC, then goes to an attorney and do whatever he wants in the company? ]
Thank you again
No, you are correct in your questioning. This is corporate fraud and would be breaking a number of laws. They wouldn’t be able to control the company as they have no access. If you wanted to, you could create your own Articles of Organization form (that includes the required information) and also list the Members.
What is the process when filing am LLC when I expect to have more than one business under it?
Hi LeMar, the way in which you form the LLC is the same. We have more information here: Can I have 2 businesses under 1 LLC. Hope that helps.