How to Amend Articles of Organization in Arizona (2024) (original) (raw)

Amend Arizona Articles of Organization

Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in Arizona, you must file the formation document. At some point in time, if you might need to update/change any of the information shared in the Articles of Organization, you must file the Articles of Amendment with Arizona SOS.

To amend your Arizona Articles of Organization, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the Arizona SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend Arizona Articles of Organization without any hassle. Note that the process explained here is a generic process. It is recommended to consult a professional or attorney beforehand.

What is Articles of Organization in Arizona?

The Articles of Organization is a document that is required to form an LLC in Arizona. The document must be submitted online or by mail to the Arizona Secretary of State. Certain details need to be added while filing the Arizona Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-

articles of organization

How to Amend Arizona Articles of Organization

Changes such as name, physical address of the business, address or/and name of the Arizona Statutory Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in Arizona. There are three prominent steps to follow. The steps are as follows-

Step 1: Determine What Changes You Need in Arizona LLC

The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.

These are common changes that often occur in limited liability companies. If you have to make those changes, you must proceed with drafting the Articles of Amendment with Arizona Secretary of State.

Step 2: Draft the Arizona Articles of Amendment

The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-

Step 3: File Arizona Articles of Amendment

To file the Articles of Amendment in Arizona, you need either an online or offline form. You can do that online in most states by signing in to the Secretary of State’s official portal. To file the amendment in Arizona, you must fill up the form (online or offline) and send it back to the SOS (online or by mail).

For the online filing, the form must be submitted using the Arizona Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the Arizona Corporation Commission, Corporate Filings Section, 1300 W. Washington St., Phoenix, AZ 85007. The amendment filing fee of $25 must be paid at the time of form submission.

Why Amend Articles of Organization?

There are six reasons why you need to file the Articles of Amendment in Arizona. Following are the six points to note-

Change of Arizona LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the Arizona SOS through Amendment.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.

Tip from LLCBuddy

Change of Arizona LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then Arizona LLC has to file the amendment certificate.

Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the Arizona SOS.

Change of Arizona LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.

Change of the Purpose of Arizona LLC: The purpose of the LLC is mentioned in the Articles of Organization when it is filed. If the purpose is changed at any time, for example, a non-profit in Arizona changes to a for-profit organization, or vice-versa, it must be filed with the SOS.

Change of Arizona Tax Structure: The Arizona LLC classification of taxes is mentioned in the Articles of Organization at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with Arizona SOS.

Cost to File Arizona Articles of Amendment

The cost of filing the Amendment Certificate in Arizona is $25. For other types of filing costs, please visit the official website of Arizona Secretary of State.

Penalties for Not Filing Articles of Amendment

Failure to amend Arizona Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in Arizona. Another consequence of not filing an amendment in Arizona is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and the LLC does not file an amendment, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

How do I amend my Arizona Articles of Organization?

You can amend your Arizona Articles of Organization by filing an amendment form with the Arizona Corporation Commission.

Why would I need to amend my Arizona Articles of Organization?

You may need to amend your Arizona Articles of Organization to update information such as your company name, address, or the members of your LLC.

Can I amend my Arizona Articles of Organization online?

Yes, you can file an amendment to your Arizona Articles of Organization online through the Arizona Corporation Commission’s website.

What is the fee to amend Arizona Articles of Organization?

The fee to amend your Arizona Articles of Organization is $25.

How long does it take to amend Arizona Articles of Organization?

The Arizona Corporation Commission typically processes amendment filings within 10-15 business days.

Can I change the name of my Arizona LLC when amending the Articles of Organization?

Yes, you can change the name of your Arizona LLC when amending the Articles of Organization by including the new name in the amendment form.

Do I need to inform the IRS if I amend my Arizona Articles of Organization?

You do not need to inform the IRS directly if you amend your Arizona Articles of Organization, but it is recommended to update your business information with the IRS.

Can I add additional members to my Arizona LLC when amending the Articles of Organization?

Yes, you can add additional members to your Arizona LLC when amending the Articles of Organization by including their information in the amendment form.

Do I need to publish notice of the amendment to my Arizona Articles of Organization?

No, you do not need to publish notice of the amendment to your Arizona Articles of Organization.

Can I amend the purpose of my Arizona LLC when filing an amendment?

Yes, you can amend the purpose of your Arizona LLC when filing an amendment to the Articles of Organization.

Can I change the registered agent of my Arizona LLC when amending the Articles of Organization?

Yes, you can change the registered agent of your Arizona LLC when amending the Articles of Organization by including the new agent’s information in the amendment form.

What happens if I forget to amend my Arizona Articles of Organization?

Failure to amend your Arizona Articles of Organization in a timely manner may result in outdated or incorrect information being on file with the state.

Do I need to provide a reason for amending my Arizona Articles of Organization?

No, you do not need to provide a reason for amending your Arizona Articles of Organization.

Can I backdate an amendment to my Arizona Articles of Organization?

No, amendments to your Arizona Articles of Organization cannot be backdated.

Will amending my Arizona Articles of Organization affect my EIN?

No, amending your Arizona Articles of Organization will not affect your EIN. However, you should inform the IRS of any changes to your business structure.

Can I amend my Arizona Articles of Organization multiple times?

Yes, you can amend your Arizona Articles of Organization multiple times as needed to update information or make changes to your LLC.

Is there a deadline to file an amendment to my Arizona Articles of Organization?

There is no specific deadline to file an amendment to your Arizona Articles of Organization, but it is recommended to update your information promptly.

Can I amend the management structure of my Arizona LLC in the Articles of Organization?

Yes, you can amend the management structure of your Arizona LLC in the Articles of Organization by including the changes in the amendment form.

Can I change the business address of my Arizona LLC when amending the Articles of Organization?

Yes, you can change the business address of your Arizona LLC when amending the Articles of Organization by updating the address in the form.

Can I remove a member from my Arizona LLC when filing an amendment?

Yes, you can remove a member from your Arizona LLC when filing an amendment to the Articles of Organization by updating the member information.

Do I need to submit a separate amendment for each change to my Arizona Articles of Organization?

No, you can include multiple changes in a single amendment to your Arizona Articles of Organization.

Can I amend the capital contributions of my Arizona LLC when updating the Articles of Organization?

Yes, you can amend the capital contributions of your Arizona LLC when updating the Articles of Organization through an amendment.

Can I amend the duration of my Arizona LLC in the Articles of Organization?

Yes, you can amend the duration of your Arizona LLC in the Articles of Organization when filing an amendment.

What documents do I need to file along with the amendment to my Arizona Articles of Organization?

You typically only need to file the completed amendment form with the Arizona Corporation Commission when updating your Articles of Organization.

Can I make changes to the operating agreement of my Arizona LLC when amending the Articles of Organization?

Yes, you can make changes to the operating agreement of your Arizona LLC when filing an amendment to the Articles of Organization.

Will amending my Arizona Articles of Organization require a new EIN?

No, amending your Arizona Articles of Organization will not require a new EIN. Your existing EIN can be retained.

Can I include a written resolution with my amendment to the Arizona Articles of Organization?

Yes, you can include a written resolution with your amendment to the Arizona Articles of Organization if desired.

Can I amend my Arizona Articles of Organization if my LLC is currently inactive?

Yes, you can still amend your Arizona Articles of Organization even if your LLC is currently inactive.

Can I use a DBA name when filing an amendment to my Arizona Articles of Organization?

Yes, you can use a DBA name when filing an amendment to your Arizona Articles of Organization, but you must provide the legal name of your LLC as well.

How do I amend the Arizona Articles of Organization?

To amend the Arizona Articles of Organization, you must file an Articles of Amendment with the Arizona Corporation Commission.

Also Read

In Conclusion

While running a limited liability company in Arizona, it might be possible to make changes. From the name of the business to the Statutory Agent, the management of the LLC can be changed over time. Every time you make any changes, you must file the amendment. You must consider that changing LLC names should not occur more often unless it is totally required. The name is the first identity of your LLC; changing it frequently directly affects the company’s branding. Filing the Articles of Amendment is mandatory as well as crucial, and failure to do so can lead to legal issues and non-compliance with state laws.

This article shares all the important steps you need to follow to file the Articles of Amendment in Arizona. While you follow the steps shared in this article, make sure to consult a professional or attorney. If you are looking for a professional LLC formation service at $0, we recommend ZenBusiness. By following the steps outlined in this article and submitting the necessary documents to the Arizona Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.