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Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in Illinois, 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 Illinois SOS.
To amend your Illinois 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 Illinois SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend Illinois 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.
The Articles of Organization is a document that is required to form an LLC in Illinois. The document must be submitted online or by mail to the Illinois Secretary of State. Certain details need to be added while filing the Illinois Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-
Changes such as name, physical address of the business, address or/and name of the Illinois Registered Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in Illinois. There are three prominent steps to follow. The steps are as follows-
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 Illinois Secretary of State.
The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-
To file the Articles of Amendment in Illinois, 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 Illinois, 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 Illinois Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the Department of Business Services, Limited Liability Division, 501 S. Second St., Rm. 351, Springfield, IL 62746. The amendment filing fee of $50 must be paid at the time of form submission.
There are six reasons why you need to file the Articles of Amendment in Illinois. Following are the six points to note-
Change of Illinois 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 Illinois 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 Illinois LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then Illinois 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 Illinois SOS.
Change of Illinois 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 Illinois 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 Illinois changes to a for-profit organization, or vice-versa, it must be filed with the SOS.
Change of Illinois Tax Structure: The Illinois 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 Illinois SOS.
The cost of filing the Amendment Certificate in Illinois is $50. For other types of filing costs, please visit the official website of Illinois Secretary of State.
Failure to amend Illinois Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in Illinois. Another consequence of not filing an amendment in Illinois 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.
To amend the Illinois Articles of Organization, you must file an amendment form with the Illinois Secretary of State.
What information do I need to include in the amendment form for Illinois?In the amendment form for Illinois, you will need to include the name of the LLC, the changes to be made, and the effective date of the amendment.
Can I amend the Illinois Articles of Organization online?Yes, you can amend the Illinois Articles of Organization online through the Illinois Secretary of State website.
Is there a fee for amending the Illinois Articles of Organization?Yes, there is a fee for amending the Illinois Articles of Organization. The fee amount may vary, so it is important to check with the Illinois Secretary of State for the current fee.
How long does it take to amend the Illinois Articles of Organization?The processing time for amending the Illinois Articles of Organization can vary, but it typically takes around 1-2 weeks for the amendment to be processed.
Can I make multiple amendments to the Illinois Articles of Organization at once?Yes, you can make multiple amendments to the Illinois Articles of Organization at once by including all the changes in the same amendment form.
Do I need to notify all members of the LLC when amending the Illinois Articles of Organization?In Illinois, you may need to notify all members of the LLC when amending the Articles of Organization, depending on the requirements set forth in the operating agreement or state law.
What happens if I fail to amend the Illinois Articles of Organization?If you fail to amend the Illinois Articles of Organization when required, your LLC may be subject to penalties or fines imposed by the Illinois Secretary of State.
Can I change the registered agent for the LLC when amending the Illinois Articles of Organization?Yes, you can change the registered agent for the LLC when amending the Illinois Articles of Organization by including the new registered agent’s information in the amendment form.
Does amending the Illinois Articles of Organization affect the LLC’s EIN or tax status?Amending the Illinois Articles of Organization generally does not affect the LLC’s Employer Identification Number (EIN) or tax status, but it is recommended to consult with a tax professional for specific guidance.
Can I change the LLC’s name when amending the Illinois Articles of Organization?Yes, you can change the LLC’s name when amending the Illinois Articles of Organization by including the new name in the amendment form.
Will the Illinois Secretary of State automatically notify other government agencies of the amendment to the Articles of Organization?
The Illinois Secretary of State may notify other government agencies of the amendment to the Articles of Organization, but it is recommended to check with each individual agency to ensure compliance.
Do I need to publish the amended Articles of Organization in Illinois?In Illinois, you may be required to publish the amended Articles of Organization in a local newspaper as part of the filing process, depending on state laws.
Can I add or remove members from the LLC when amending the Illinois Articles of Organization?Yes, you can add or remove members from the LLC when amending the Illinois Articles of Organization by including the changes in the amendment form.
What documentation do I need to provide when amending the Illinois Articles of Organization?When amending the Illinois Articles of Organization, you will need to provide the original Articles of Organization, as well as any other required documents specified by the Illinois Secretary of State.
Can I expedite the processing of the amendment to the Illinois Articles of Organization?In certain cases, you may be able to expedite the processing of the amendment to the Illinois Articles of Organization by paying an additional fee for expedited service.
Are there any specific formatting requirements for the amendment form in Illinois?Yes, there may be specific formatting requirements for the amendment form in Illinois, such as font size, margins, and other details. It is important to follow these guidelines to ensure proper processing.
What happens after the Illinois Secretary of State approves the amendment to the Articles of Organization?
After the Illinois Secretary of State approves the amendment to the Articles of Organization, you will receive a stamped copy of the amended document as proof of the changes.
Can I revert to the original Articles of Organization after making an amendment in Illinois?In some cases, you may be able to revert to the original Articles of Organization after making an amendment in Illinois by filing another amendment form to undo the changes.
How can I check the status of my amendment to the Illinois Articles of Organization?You can check the status of your amendment to the Illinois Articles of Organization by using the Illinois Secretary of State’s online database or contacting their office directly.
Can I amend the Illinois Articles of Organization if the LLC is already in bad standing?Yes, you can still amend the Illinois Articles of Organization if the LLC is in bad standing, but it is recommended to resolve any compliance issues before filing the amendment.
What is the deadline for amending the Illinois Articles of Organization?There may not be a specific deadline for amending the Illinois Articles of Organization, but it is recommended to make any necessary changes as soon as possible to avoid complications.
Can I change the LLC’s business address when amending the Illinois Articles of Organization?Yes, you can change the LLC’s business address when amending the Illinois Articles of Organization by including the new address in the amendment form and updating other relevant records.
Are there any restrictions on what changes can be made to the Illinois Articles of Organization?There may be certain restrictions on what changes can be made to the Illinois Articles of Organization, such as changes that violate state law or the LLC’s operating agreement.
Can I amend the purpose of the LLC when updating the Illinois Articles of Organization?Yes, you can amend the purpose of the LLC when updating the Illinois Articles of Organization by including the revised purpose in the amendment form.
Can I sign the amendment form for Illinois electronically?Yes, you can sign the amendment form for Illinois electronically, as long as it complies with the Illinois Secretary of State’s guidelines for electronic signatures.
Do I need to provide a reason for amending the Illinois Articles of Organization?In most cases, you do not need to provide a reason for amending the Illinois Articles of Organization, but it is important to be accurate and complete in your submission.
How do I notify the Illinois Department of Revenue of changes to the LLC’s Articles of Organization?To notify the Illinois Department of Revenue of changes to the LLC’s Articles of Organization, you may need to file additional forms or update your tax filings accordingly.
Can I amend the Illinois Articles of Organization without paying the filing fee?No, you must pay the required filing fee to amend the Illinois Articles of Organization, as the fee helps cover the costs of processing and maintaining accurate records.
How do I amend my Illinois Articles of Organization?You can amend your Illinois Articles of Organization by filing a Certificate of Amendment with the Illinois Secretary of State.
While running a limited liability company in Illinois, it might be possible to make changes. From the name of the business to the Registered 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 Illinois. 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 Illinois Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.
