Overview of Articles of Organization
Articles of Organization are the documents filed with the state to legally create a corporation. The Certificate of Organization officially forms an LLC in Massachusetts. The articles may be simple or detailed.
To form a Massachusetts LLC, you need to search your name, select your Resident Agent, and file your Certificate of Organization with the Secretary of the Commonwealth. Articles of Incorporation include how many directors make up the board. If you fail to define the board size, Massachusetts default law applies. Regardless of improper articles, the LLC has liability protection allowed by state statute.
Well-crafted articles can prevent disputes by clearly defining roles and responsibilities. The organizational structure established determines equity and affects decision-making power and profit sharing. The Articles of Organization can define ownership percentages outlining decision-making power and profit sharing and establish voting rights for owners based on percentages.
Articles of Organization officially register your LLC with the state. Without them, your LLC has no legal existence. Businesses pay a fee when filing Articles of Organization. Key aspects include:
- Establish an LLC
- Establish rights, powers, duties, and obligations between LLC members
Filing requirements may vary by state. They are also called "articles of association" in some countries.
Filing Process
To file the Massachusetts Articles of Organization, you must:
- Submit form to Secretary of State
- Include a $35 mail fee or $40 online fee
Processing takes 2 business days online or 2-4 days by mail. Contact the Secretary of State at (617) 727-2850 or on their website for more information. Steps to form an LLC include:
- Pick state of organization and name
- File articles of organization highlighting name, address, members, purpose, and structure
- Include registered agent and stock information
Articles establish legal rights, capabilities, duties between LLC members and with the LLC itself. File with the state government meeting specific requirements. Form registers LLC, sets key aspects of relationships within it.
What are Articles of Incorporation in Massachusetts?
Articles of Incorporation are the documents filed with the state to legally create a corporation in Massachusetts. They are like the Certificate of Organization, which officially forms an LLC. LLCs form by filing Articles of Organization, not Articles of Incorporation. To form a Massachusetts LLC, search your name, select your Resident Agent, and file your Certificate of Organization with the Secretary of the Commonwealth.
Who needs to file the MA annual report?
All incorporated entities are required to file an annual report in Massachusetts to maintain their legal status. This includes corporations and LLCs after their initial Articles of Incorporation or Organization have been filed. The annual report is a separate requirement from the initial registration documents.