The LLC Organizer
An LLC Organizer files the Articles of Organization with the state, including member names, address, and agent. The Organizer is responsible for preparing and filing the LLC formation documents, which may include drafting operating agreements and recruiting members. Lawyers, business formation services, the registered agent, or an LLC member can act as the Organizer. It is often advisable to use a business formation service for professional handling of the LLC’s creation. Once the Organizer has filed the Articles of Organization, their duty is complete.
Registered Agent vs. Organizer
A registered agent is a person or company designated as the official point of contact with the government for process service and official communications. This role is separate from that of the Organizer. The agent must have a physical presence in the state and be available during business hours.
Member and Organizer Roles
Unlike the Organizer, LLC members (also called owners) are involved in the operations and administration of the company and have a continuing role in its management. Members can be individuals, other LLCs, corporations, foreigners, or foreign entities, with few restrictions.
The Statement of the Organizer is a document used to list the Members or Managers of your LLC upon formation. Once the LLC is formed, the Organizer’s duties transfer to the members, who manage the company’s operations and administration.
Handling Changes in Organization
To remove an Organizer, members submit a written withdrawal notice unless the operating agreement specifies a removal procedure. To add an Organizer, the members must review the operating agreement and file updated documents with the state.
Conclusion
The roles of the LLC Organizer and registered agent are pivotal but distinct. While the Organizer mainly handles the formation paperwork, the registered agent is responsible for communication between the company and state authorities. Using a professional service to fulfill these roles may be beneficial in ensuring proper establishment and compliance of the LLC.