LLC Effective Date

What is an LLC Effective Date?

An LLC effective date is the date your LLC goes into existence. Think of it as the date your LLC is “born”.

You can’t make your LLC go into existence in the past.

In most states though, you can make your LLC go into existence in the future (typically not more than 90 days ahead). This is most often referred to as using a “delayed effective date“.

If you tell the state to give your LLC a delayed effective date, your LLC will go into existence on that date.

If you don’t tell the state to give your LLC a delayed effective date, your LLC will go into existence on the date it’s approved.

Depending on the state where you file, a delayed effective date may also be called “future effective date”, “delayed file date”, or “future file date”. They all mean the same thing.

Where is my LLC’s effective date listed?

If you choose a specific effective date in your LLC filing, then that’s where your LLC’s effective date is listed.

If you don’t choose a specific effective date in your LLC filing, as mentioned, your LLC will become effective on the date it’s approved by the state. Just look at the date you see in the “acceptance stamp”. That’s your LLC’s effective date.

Can I back-date my LLC filing?

Typically, no, you can’t back-date your LLC filing.

The only exception is in Florida, where you can back-date your LLC filing up to 5 days.

Many people converting a Sole Proprietorship to an LLC think they can back-date their LLC filing to the date they started their Sole Proprietorship.

This is not the case and you can’t do that!

Your LLC cannot be back-dated to match the start date of your Sole Proprietorship. Your LLC is considered a “new business”.

How you can save money by using a delayed effective date

If you don’t need your LLC open right away, we recommend using a delayed effective date of January 1st of the following year.

If your state doesn’t allow you to use a delayed effective date, then just wait until January to form your LLC.

This will save you the hassle of filing any federal, state, and local taxes for your LLC.

Additionally, this can save you money on your first Annual Report!

If you push your LLC’s effective date into January, then your first Annual Report filing gets “bumped ahead” by a whole year or more.

And that means keeping more money in your pocket!

Let’s look at a couple examples:

Florida LLC Annual Report

The Florida LLC Annual Report is $138 and it’s due every year between January 1st and May 1st.

Your first Annual Report is due the year following the year your LLC is formed.

So if your Florida LLC is formed in November of 2020, your first $138 payment would be due a few months later, between January 1st and May 1st of 2021.

However, if you forward-date your filing to January 1st of 2021, your first $138 payment won’t be due until 2022.

So you just saved $138!

California Annual Franchise Tax

All California LLCs must pay an $800 annual franchise tax payment. The $800 is due for every tax year the LLC is in existence.

The first $800 payment is due 3.5 months after your LLC is formed. Then after that it’s due by April 15th every year.

So if your California LLC is formed in November of 2020, you owe your first $800 payment by February 15th 2021 (which pays for the 2020 tax year).

Then you need to pay for the 2021 tax year, and that payment is due by April 15th 2021. That means you’re paying $1,600 within a 60-day period. Ouch!

However, if you forward-date your filing to January 1st of 2021, then yes, your first $800 payment will be due by April 15th 2021, but more importantly, your following payment won’t be due until April 15th 2022 (a whole year later).

So you just avoided the dreaded “back-to-back” annual franchise tax payment (and saved $800)!

For more information on how to avoid these back-to-back payments, please see:
California LLCs: how to avoid back-to-back annual franchise tax payments

What about other states?

In most states, pushing your LLC’s effective date ahead to January 1st will delay your first Annual Report (or annual franchise tax payment) by more than 1 year, effectively saving you money!

To find the LLC annual fees for all states, please see this table:
LLC annual filing fees

How to select a delayed effective date

It depends on the state where you’re forming your LLC.

Some states will allow you to select a delayed effective date in your LLC filing. Some states don’t.

If your state doesn’t allow you to select a delayed effective date, just wait to form your LLC in January.

At LLC University®, we’ve done the research for you. Below you’ll find the LLC effective date rules for all 50 states.

 
Alabama LLC effective date

Can I select/change the effective date when forming an Alabama LLC by mail?
Yes.

Can I select/change the effective date when forming an Alabama LLC online?
At this time, Alabama does not have an online filing.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

An Alabama LLC therefore become effective:
On the date you select in your LLC’s Certificate of Formation.

Alabama LLC effective date statute:
Section 10A-1-4.12, Alabama Business and Nonprofit Entities Code (Alabama Limited Liability Company Law of 2014)

Alaska LLC effective date

Can I select/change the effective date when forming an Alaska LLC by mail?
No.

Can I select/change the effective date when forming an Alaska LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

An Alaska LLC therefore become effective:
On the date the Corporations Section approves your LLC filing.

Alaska LLC effective date statute:
Section 10.50.080, Article 3, Chapter 50, Alaska Statutes (Alaska Revised Limited Liability Company Act)

Arizona LLC effective date

Can I select/change the effective date when forming an Arizona LLC by mail?
No.

Can I select/change the effective date when forming an Arizona LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

An Arizona LLC therefore becomes effective:
On the date the Arizona Corporation Commission (AZCC) enters your filing into their system (aka approves your LLC).

Arizona LLC effective date statute:
29-635, Article 2, Chapter 4, Arizona Revised Statutes (Arizona Limited Liability Company Act)

Arkansas LLC effective date

Can I select/change the effective date when forming an Arkansas LLC by mail?
Yes, use the date of execution as the delayed effective date.

Can I select/change the effective date when forming an Arkansas LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
The statute does not state the days, but the SOS said it should not be beyond 90 days.

An Arkansas LLC therefore becomes effective:
On the date you have listed as the date of execution.

Arkansas LLC effective date statute:
Section 4-32-206, Code of Arkansas (Small Business Entity Tax Pass Through Act)

California LLC effective date

Can I select/change the effective date when forming a California LLC by mail?
Yes, but it only be done by including an attachment to your LLC’s Articles of Organization and requesting it in writing. We created the attachment for you if needed: California LLC Future File Date Attachment.

Can I select/change the effective date when forming a California LLC online?
At this time, there is no online filing option in California.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A California LLC therefore becomes effective:
On the date it is approved by the California Secretary of State, unless you included an attachment and requested a future file date.

California LLC effective date statute:
Section 17702.05, Article 2, Title 2.6, Corporations Code (California Revised Uniform Limited Liability Company Act)

Colorado LLC effective date

Can I select/change the effective date when forming a Colorado LLC by mail?
Colorado doesn’t have filing by mail.

Can I select/change the effective date when forming a Colorado LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Colorado LLC therefore becomes effective:
On the date you select in your Articles of Organization.

Reference:
http://www.sos.state.co.us/pubs/business/helpFiles/ARTORG_LLC_HELP.html

Colorado LLC effective date statute:
Section 7-90-304, Colorado Revised Statutes (Colorado Limited Liability Company Act)

Connecticut LLC effective date

Can I select/change the effective date when forming a Connecticut LLC by mail?
No.

Can I select/change the effective date when forming a Connecticut LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

A Connecticut LLC therefore becomes effective:
On the date your LLC filing is approved.

Connecticut LLC effective date statute:
Section 34-247f, Connecticut General Statutes (Connecticut Uniform Limited Liability Company Act)

Delaware LLC effective date

Can I select/change the effective date when forming a Delaware LLC by mail?
Yes, you need to request the effective date in the “comments” section of the Filing Memo/Cover Sheet.

Can I select/change the effective date when forming a Delaware LLC online?
Delaware does not have online LLC filings at this time.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 180 days.

A Delaware LLC therefore becomes effective:
On the date your LLC is approved, or on the date you requested in the “comments” section of the Filing Memo/Cover Sheet.

Delaware LLC effective date statute:
Section 18-206, Delaware Code (Delaware Limited Liability Company Act)

Florida LLC effective date

Can I select/change the effective date when forming a Florida LLC by mail?
Yes.

Can I select/change the effective date when forming a Florida LLC online?
Yes.

How many days can we back-date the filing?
Up to 5 days.

How many days can we forward-date the filing?
Up to 90 days.

A Florida LLC therefore becomes effective:
On the date you list in your LLC’s Articles of Organization.

Florida LLC effective date statute:
Section 605.0207, Florida Statutes (Florida Revised Limited Liability Company Act)

Georgia LLC effective date

Can I select/change the effective date when forming a Georgia LLC by mail?
Yes, you can use the date of execution as the delayed effective date.

Can I select/change the effective date when forming a Georgia LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

References:
http://sos.ga.gov/corporations/acrobat/applications/Filing%20Procedure%20-%20Limited%20Liability%20Company.pdf

A Georgia LLC therefore becomes effective:
On the date listed in your Articles of Organization if filing online or the date of execution if filing by mail.

Georgia LLC effective date statute:
Section 14-11-206, Georgia Code (Georgia Limited Liability Company Act)

Hawaii LLC effective date

Can I select/change the effective date when forming a Hawaii LLC by mail?
No.

Can I select/change the effective date when forming a Hawaii LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

A Hawaii LLC therefore becomes effective:
On the date the Business Registration Division approves your LLC.

Hawaii LLC effective date statute:
Section 428-206, Hawaii Revised Statutes (Hawaii Uniform Limited Liability Company Act)

Idaho LLC effective date

Can I select/change the effective date when forming an Idaho LLC by mail?
No.

Can I select/change the effective date when forming an Idaho LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

An Idaho LLC therefore becomes effective:
On the date the Secretary of State approves your LLC.

Idaho LLC effective date statute:
Section 30-25-201, Idaho Statutes (Idaho Uniform Limited Liability Company Act)

Illinois LLC effective date

Can I select/change the effective date when forming an Illinois LLC by mail?
Yes.

Can I select/change the effective date when forming an Illinois LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 60 days.

An Illinois LLC therefore becomes effective:
On the date you select if you’re filing by mail. Or on the date your LLC is approved by Secretary of State if you’re filing online.

Illinois LLC effective date statute:
Section 805 ILCS 180/Art. 5, Illinois Compiled Statutes (Illinois Limited Liability Company Act)

Indiana LLC effective date

Can I select/change the effective date when forming an Indiana LLC by mail?
Yes, you’ll use the date of execution as the future effective date.

Can I select/change the effective date when forming an Indiana LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

An Indiana LLC therefore becomes effective:
On the date you list if you file online. Or on the date you enter as your date of execution if filing by mail.

Indiana LLC effective date statute:
Section 23-1-18-4, Indiana Code (Indiana Business Flexibility Act)

Iowa LLC effective date

Can I select/change the effective date when forming an Iowa LLC by mail?
Yes, use the date of execution as the future effective date.

Can I select/change the effective date when forming an Iowa LLC online?
Their “online filing” is really just scanning and then uploading your Articles of Organization online, so the same thing applies for mail filing: use the date of execution as the future effective date.

How many days can we back-date the filing?
None, it’s no allowed.

How many days can we forward-date the filing?
Up to 90 days.

An Iowa LLC therefore becomes effective:
On the date you enter for your date of execution.

Iowa LLC effective date statute:
Section 489.205, Iowa Code (Iowa Revised Uniform Limited Liability Company Act)

Kansas LLC effective date

Can I select/change the effective date when forming a Kansas LLC by mail?
Yes.

Can I select/change the effective date when forming a Kansas LLC online?
No, there is no option to do this in the online filing.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Kansas LLC therefore becomes effective:
On the date you enter if filing by mail. Or on the date your LLC is approved if filing online.

Kansas LLC effective date statute:
Section 17-7911, Kansas Statutes Annotated (Kansas Revised Limited Liability Company Act)

Kentucky LLC effective date

Can I select/change the effective date when forming a Kentucky LLC by mail?
Yes.

Can I select/change the effective date when forming a Kentucky LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Kentucky LLC therefore becomes effective:
On the date you specify in your Articles of Organization.

Kentucky LLC effective date statute:
Section 14A.2-070, Kentucky Revised Statutes (Kentucky Limited Liability Company Act)

Louisiana LLC effective date

Can I select/change the effective date when forming a Louisiana LLC by mail?
No.

Can I select/change the effective date when forming a Louisiana LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

A Louisiana LLC is therefore effective:
On the date your LLC is approved by the state.

Louisiana LLC effective date statute:
Section 1304, Title 12, Louisiana Revised Statutes (Louisiana Limited Liability Company Law)

Maine LLC effective date

Can I select/change the effective date when forming a Maine LLC by mail?
Yes.

Can I select/change the effective date when forming a Maine LLC online?
No. At this time, Maine does not have an online filing option.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Main LLC is therefore effective:
On the date you select in your Certificate of Formation.

Maine LLC effective date statute:
Section 1674, Subchapter 13, Chapter 21, Title 31, Maine Revised Statutes (Maine Limited Liability Company Act)

Maryland LLC effective date

Can I select/change the effective date when forming a Maryland LLC by mail?
No.

Can I select/change the effective date when forming a Maryland LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

A Maryland LLC is therefore effective:
On the date it is approved by the Maryland Department of Assessments and Taxation.

Maryland LLC effective date statute:
Section 4A–202, Maryland Code (Maryland Limited Liability Company Act)

Massachusetts LLC effective date

Can I select/change the effective date when forming a Massachusetts LLC by mail?
Yes, you need to use the “Additional Matters” box and write down, “This LLC shall have an effective date of xx/xx/xxxx.”

Can I select/change the effective date when forming a Massachusetts LLC online?
Yes, you need to use the “Additional Matters” box and write down, “This LLC shall have an effective date of xx/xx/xxxx.”

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Massachusetts LLC is therefore effective:
On the date it is approved by the Secretary of State of the Commonwealth or on the date you enter in the “Additional Matters” box.

Massachusetts LLC effective date statute:
Section 1.23, Chapter 156D, Title XXII, Part I, General Laws of Massachusetts (Massachusetts Business Corporations Act)

Michigan LLC effective date

Can I select/change the effective date when forming a Michigan LLC by mail?
Yes.

Can I select/change the effective date when forming a Michigan LLC online?
At this time, Michigan has no online filing option.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Michigan LLC is therefore effective:
On the date you listed in the Articles of Organization.

Michigan LLC effective date statute:
Section 450.4104, Michigan Compiled Laws (Michigan Limited Liability Company)

Minnesota LLC effective date

Can I select/change the effective date when forming a Minnesota LLC by mail?
No.

Can I select/change the effective date when forming a Minnesota LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

A Minnesota LLC is therefore effective:
On the date your LLC is approved by the Minnesota Secretary of State.

Minnesota LLC effective date statute:
Section 322C.0201, Minnesota Statutes (Minnesota Revised Uniform Limited Liability Company Act)

Mississippi LLC effective date

Can I select/change the effective date when forming a Mississippi LLC by mail?
Yes.

Can I select/change the effective date when forming a Mississippi LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Mississippi LLC is therefore effective:
On the date you list in your Certificate of Formation.

Mississippi LLC effective date statute:
Section 79-29-201, Mississippi Code (Revised Mississippi Limited Liability Company Act)

Missouri LLC effective date

Can I select/change the effective date when forming a Missouri LLC by mail?
Yes.

Can I select/change the effective date when forming a Missouri LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Missouri LLC is therefore effective:
On the date you list in your Articles of Organization.

References:
https://www.sos.mo.gov/business/corporations/about.asp
https://www.sos.mo.gov/CMSImages/Business/Step-by-StepGuides/LLCDomesitcFilingGuide.pdf

Missouri LLC effective date statute:
Section 347.037, Missouri Revised Statutes (Missouri Limited Liability Company Act)

Montana LLC effective date

Can I select/change the effective date when forming a Montana LLC by mail?
Montana doesn’t have a mail filing option any longer.

Can I select/change the effective date when forming a Montana LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Montana LLC is therefore effective:
On the date you list in your Articles of Organization.

Montana LLC effective date statute:
Section 35-12-614, Montana Code Annotated, cross-refer with Section 35-8-201 (Montana Limited Liability Company Act)

Nebraska LLC effective date

Can I select/change the effective date when forming a Nebraska LLC by mail?
Since the Nebraska Secretary of State doesn’t provide a Certificate of Organization form, it depends on where you get a Certificate of Organization or who prepares your Certificate of Organization. However, our team at LLC University® has created a Nebraska LLC Certificate of Organization template which allows you to select the effective date for your LLC.

Can I select/change the effective date when forming a Nebraska LLC online?
Nebraska’s “online filing” is simply scanning and uploading your Certificate of Organization, so it depends on where you get your form.

How many days can we back-date the filing?
None, it’s now allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Nebraska LLC therefore becomes effective:
On the date it is approved by the Nebraska Secretary of State, unless you can choose a specific date in your Certificate of Organization.

Nebraska LLC effective date statute:
Section 21-121, Nebraska Revised Statutes (Nebraska Uniform Limited Liability Company Act)

Nevada LLC effective date

Can I select/change the effective date when forming a Nevada LLC by mail?
No.

Can I select/change the effective date when forming a Nevada LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
None, it’s not allowed.

A Nevada LLC is therefore effective:
On the date your LLC is approved by the Nevada Secretary of State.

Nevada LLC effective date statute:
Section 86.201, Nevada Revised Statutes

New Hampshire LLC effective date

Can I select/change the effective date when forming a New Hampshire LLC by mail?
Yes, but you must write the effective date in the “Execution” section. Write out by hand “This LLC shall have an effective date of xx/xx/xxxx.”

Can I select/change the effective date when forming a New Hampshire LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A New Hampshire LLC is therefore effective:
On the date you select in your online filing, or if you file it by mail, on the date you enter in your Certificate of Formation (if you manually write it in).

New Hampshire LLC effective date statute:
Section 304-C:29, New Hampshire Statutes (New Hampshire Revised Limited Liability Company Act)

New Jersey LLC effective date

Can I select/change the effective date when forming a New Jersey LLC by mail?
No.

Can I select/change the effective date when forming a New Jersey LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
There is no limit to how far in the future you can forward-date your filing.

A New Jersey LLC is therefore effective:
On the date you enter if you file online, or if you file by mail, on the date the state approves your LLC.

New Jersey LLC effective date statutes:
Section 18, Article 2, Chapter 2C, Title 42, New Jersey Statutes, cross-refer with Section 22, Article 2, Chapter 2C, Title 42 (New Jersey Revised Uniform Limited Liability Company Act)

New Mexico LLC effective date

Can I select/change the effective date when forming a New Mexico LLC by mail?
Yes.

Can I select/change the effective date when forming a New Mexico LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A New Mexico LLC is therefore effective:
On the date you select in your Articles of Organization.

New Mexico LLC effective date statute:
Section 53-19-10, New Mexico Statutes (New Mexico Limited Liability Company Act)

New York LLC effective date

Can I select/change the effective date when forming a New York LLC by mail?
No.

Can I select/change the effective date when forming a New York LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 60 days.

A New York LLC is therefore effective:
If you file by mail, on the date your LLC is approved by the Department of State. If you file online, on the date you select or the date your LLC is approved by the Department of State (whichever option you select).

New York LLC effective date statute:
Section 203, Article 2, Consolidated Laws of the State of New York (New York Limited Liability Company Law)

North Carolina LLC effective date

Can I select/change the effective date when forming a North Carolina LLC by mail?
Yes.

Can I select/change the effective date when forming a North Carolina LLC online?
Yes, since North Carolina’s “online filing” is simply scanning and uploading your Articles of Organization.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
90 days.

A North Carolina LLC is therefore effective:
On the date it is approved by the North Carolina Secretary of State, unless you can choose a specific date in your Articles of Organization.

North Carolina LLC effective date statute:
Section 55D-13, North Carolina General Statutes (North Carolina Limited Liability Company Act)

North Dakota LLC effective date

Can I select/change the effective date when forming a North Dakota LLC by mail?
Yes.

Can I select/change the effective date when forming an North Dakota LLC online?
At this time, there is no online filing in North Dakota.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A North Dakota LLC is therefore effective:
On the date you list in your Articles of Organization.

North Dakota LLC effective date statute:
Section 10-32.1-20, North Dakota Century Code (North Dakota Uniform Limited Liability Company Act)

Ohio LLC effective date

Can I select/change the effective date when forming an Ohio LLC by mail?
Yes.

Can I select/change the effective date when forming an Ohio LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

An Ohio LLC is therefore effective:
On the date you select in your Articles of Organization.

Ohio LLC effective date statute:
Section 1705.04(A), Ohio Revised Code

Oklahoma LLC effective date

Can I select/change the effective date when forming an Oklahoma LLC by mail?
Yes, your must write it by hand at the top of your Articles of Organization. Write out “This LLC shall have an effective date of xx/xx/xxxx”.

Can I select/change the effective date when forming an Oklahoma LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

An Oklahoma LLC is therefore effective:
If you file online, it’s effective on the date you select. If you file by mail, it’s effective when approved by the state unless you hand wrote a different effective date at the top of your Articles of Organization.

Oklahoma LLC effective date statute:
Section 18-2007, Oklahoma Statutes (Oklahoma Limited Liability Company Act)

Oregon LLC effective date

Can I select/change the effective date when forming an Oregon LLC by mail?
Yes, but you must include an attachment requesting a future effective date when you file the Articles of Organization by mail. Just use a regular white piece of paper (8.5″ x 11″) and state “This LLC shall have a delayed effective date of xx/xx/xxxx”.

Can I select/change the effective date when forming an Oregon LLC online?
Yes, in the “Optional Provisions” section of the online filing, enter “This LLC shall have a delayed effective date of xx/xx/xxxx”.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

An Oregon LLC is therefore effective:
On the date you enter if you make a statement about the effective date. If nothing is said, on the date the Oregon Secretary of State approves your LLC.

Oregon LLC effective date statute:
Section 63.011, 2017 Oregon Revised Statutes (Oregon Limited Liability Company Act)

Pennsylvania LLC effective date

Can I select/change the effective date when forming a Pennsylvania LLC by mail?
Yes.

Can I select/change the effective date when forming a Pennsylvania LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
There is no limit to how far in the future you can forward-date your filing.

A Pennsylvania LLC is therefore effective:
On the date you enter in your Certificate of Organization.

Pennsylvania LLC effective date statute:
Section 136, Title 15, Pennsylvania Consolidated Statutes

Rhode Island LLC effective date

Can I select/change the effective date when forming a Rhode Island LLC by mail?
Yes.

Can I select/change the effective date when forming a Rhode Island LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 30 days.

A Rhode Island LLC is therefore effective:
On the date you enter in your Articles of Organization.

Rhode Island effective date statute:
Section 7-16-8, State of Rhode Island General Laws (Rhode Island Limited Liability Company Act)

South Carolina LLC effective date

Can I select/change the effective date when forming a South Carolina LLC by mail?
Yes.

Can I select/change the effective date when forming a South Carolina LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A South Carolina LLC is therefore effective:
On the date you enter in your Articles of Organization.

South Carolina LLC effective date statute:
Section 33-44-206, South Carolina Code of Laws (South Carolina Uniform Limited Liability Company Act)

South Dakota LLC effective date

Can I select/change the effective date when forming a South Dakota LLC by mail?
Yes, you can list an effective date in Article 8 (optional provisions). Enter “This LLC shall have an effective date of xx/xx/xxxx”.

Can I select/change the effective date when forming a South Dakota LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A South Dakota LLC is therefore effective:
On the date you enter in your Articles of Organization or on the date your LLC is approved by the state (if no date is selected). ddd

South Dakota LLC effective date statute:
Section 47-34A-206, South Dakota Codified Laws (South Dakota Uniform Limited Liability Company Act)

Tennessee LLC effective date

Can I select/change the effective date when forming a Tennessee LLC by mail?
Yes.

Can I select/change the effective date when forming a Tennessee LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Tennessee LLC is therefore effective:
On the date you select in your LLC’s Articles of Organization.

Tennessee LLC effective date statute:
Section 48-203-102, Tennessee Code (Tennessee Revised LLC Act)

Texas LLC effective date

Can I select/change the effective date when forming a Texas LLC by mail?
Yes.

Can I select/change the effective date when forming a Texas LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Texas LLC is therefore effective:
On the date you select in your LLC’s Certificate of Formation.

Texas LLC effective date statute:
Section 4.053, Texas Business Organizations Code (Texas Limited Liability Company Act)

Utah LLC effective date

Can I select/change the effective date when forming a Utah LLC by mail?
Yes, in the lower portion of the Certificate of Organization, you need to write in by hand, “This LLC shall have an effective date of xx/xx/xxxx”.

Can I select/change the effective date when forming a Utah LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Utah LLC is therefore effective:
On the date it is approved by the Utah Division of Corporations, unless a specific date is written in by hand during a mail filing.

Utah LLC effective date statute:
Section 48-3a-206, Utah Code (Utah Revised Uniform Limited Liability Company Act)

Vermont LLC effective date

Can I select/change the effective date when forming a Vermont LLC by mail?
Yes.

Can I select/change the effective date when forming a Vermont LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Vermont LLC therefore becomes effective:
On the date you select in your LLC’s Articles of Organization.

Vermont LLC effective date statute:
Title 11 Vermont Statutes Annotated Section 4026

Virginia LLC effective date

Can I select/change the effective date when forming a Virginia LLC by mail?
Yes, but a delayed effective date must be requested via the Cover Letter. You can write “This LLC shall have a delayed effective date of xx/xx/xxxx”.

Can I select/change the effective date when forming a Virginia LLC online?
No.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 15 days.

A Virginia LLC is therefore effective:
On the date it is approved by the Virginia Corporation Commission, unless a delayed effective date is listed in the Cover Letter of a mail filing.

Reference:
https://www.scc.virginia.gov/clk/files/yrendnotice.pdf

Virginia LLC effective date statute:
Section 13.1-1004, Code of Virginia (Virginia Limited Liability Company Act)

Washington LLC effective date

Can I select/change the effective date when forming a Washington LLC by mail?
Yes.

Can I select/change the effective date when forming a Washington LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Washington LLC is therefore effective:
On the date you select in your LLC’s Certificate of Formation.

Washington LLC effective date statute:
Revised Code of Washington 23.95.210 (Washington Uniform Business Organizations Code)

Washington D.C. LLC effective date

Can I select/change the effective date when forming a Washington D.C. LLC by mail?
Yes.

Can I select/change the effective date when forming a Washington D.C. LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Washington D.C. LLC is therefore effective:
On the date you select in your LLC’s Articles of Organization.

Washington D.C. LLC effective date statute:
Section 29–102.03, Code of the District of Columbia

West Virginia LLC effective date

Can I select/change the effective date when forming a West Virginia LLC by mail?
Yes.

Can I select/change the effective date when forming a West Virginia LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A West Virginia LLC is therefore effective on:
The date you select in your LLC’s Articles of Organization.

West Virginia LLC effective date statute:
Section 31B-2-206, West Virginia Code (West Virginia Uniform LLC Act)

Wisconsin LLC effective date

Can I select/change the effective date when forming a Wisconsin LLC by mail?
Yes.

Can I select/change the effective date when forming a Wisconsin LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Wisconsin LLC is therefore effective:
On the date you select in your LLC’s Articles of Organization.

Wisconsin LLC effective date statute:
Section 183.0111, Wisconsin Statutes

Wyoming LLC effective date

Can I select/change the effective date when forming a Wyoming LLC by mail?
Yes, but you’ll need to write it in by hand as there isn’t a default section for it. There is room in the “signature area” (under the date). Write “This LLC shall have an effective date of xx/xx/xxxx”.

Can I select/change the effective date when forming a Wyoming LLC online?
Yes.

How many days can we back-date the filing?
None, it’s not allowed.

How many days can we forward-date the filing?
Up to 90 days.

A Wyoming LLC is therefore effective:
If you’re filing online, your LLC will become effective on the date you select. If you’re filing by mail, your LLC will become effective on the date it is approved by the Secretary of State (unless you handwrite in a future effective date.

Wyoming LLC effective date statute:
Section 17-29-205, Wyoming Statutes (Wyoming Limited Liability Company Act)

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Matt Horwitz
Founder & Educator at LLC University
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