Step 3: File Articles of Organization

Complete and file the Articles of Organization (also known as Certificate of Formation or similar) with the Secretary of State or appropriate state agency in which the subject property is located. This document officially establishes your LLC and includes basic information such as LLC name and registered agent details.

LLC

3/21/20242 min read

woman sitting on floor and leaning on couch using laptop
woman sitting on floor and leaning on couch using laptop

The Articles of Organization, also known as the Certificate of Formation or similar names depending on the state, is a foundational document required to officially establish your real estate investing LLC. This document is filed with the Secretary of State or appropriate state agency in the jurisdiction where the subject property is located. Here's a detailed guide on completing and filing the Articles of Organization:

1. Research State Requirements:

Start by researching the specific requirements for filing the Articles of Organization in the state where the subject property is located. Each state has its own rules and regulations governing LLC formation, including required forms, fees, and filing procedures.

2. Gather Required Information:

- Collect all necessary information and documentation needed to complete the Articles of Organization. This typically includes:

- LLC Name: Choose a unique and legally compliant name for your real estate LLC, ensuring it complies with state naming rules and is distinguishable from existing entities.

- Registered Agent Details: Designate a registered agent with a physical address in the state who will receive legal notices and official correspondence on behalf of the LLC.

- Principal Office Address: Provide the physical address of the LLC's principal place of business, which may be different from the registered agent's address.

- Member Information: Depending on the state, you may need to disclose the names and addresses of LLC members or managers.

3. Complete the Articles of Organization Form:

Obtain the appropriate Articles of Organization form from the Secretary of State's website or office. Fill out the form accurately and completely, ensuring all required information is provided and any necessary signatures are obtained.

4. Pay Filing Fees:

Check the applicable filing fees for submitting the Articles of Organization and include payment with your submission. Fees vary by state but typically range from $50 to $500, depending on the jurisdiction.

5. Submit the Form to the Secretary of State:

Once the Articles of Organization form is completed and fees are paid, submit the form to the Secretary of State or appropriate state agency according to their specified filing instructions. This may be done online, by mail, or in person, depending on state procedures.

6. Await Approval and Confirmation:

After submission, the Secretary of State will review the Articles of Organization and, if everything is in order, officially approve the formation of your LLC. You will receive confirmation of approval along with a stamped copy of the filed document.

7. Maintain Compliance:

Keep a copy of the stamped Articles of Organization on file for your records. Additionally, ensure ongoing compliance with state requirements, such as annual report filings and other obligations, to maintain the active status of your LLC.

By completing and filing the Articles of Organization, you officially establish your real estate LLC as a legal entity, paving the way for conducting business activities, acquiring properties, and enjoying the benefits of limited liability protection.