How To File Colorado Articles of Organization
The Colorado Articles of Organization is the official document filed with the Colorado Secretary of State that establishes a Limited Liability Company (LLC). This document lays out important information about the LLC, including its name, purpose, and member(s). It also includes information about the registered agent who will be responsible for receiving legal documents on behalf of the LLC.
To file the Colorado Articles of Organization, you will need to submit a completed LLC Articles of Organization form to the Colorado Secretary of State.
In this example, we will show the steps of filling out the Articles of Organization online. To get started, visit the Colorado Secretary of State’s website.
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The first question asks whether you are forming a professional service company. Services that are licensed by the state, such as accountants, attorneys, physical therapists, etc., will need to include a specific professional designator in their LLC name.
Step 1: Pick a Name for the LLC
When forming an LLC in Colorado, you must choose a unique name for your business that is not already being used by another company. You can do a Colorado LLC name search on the Secretary of State’s name database to see if your desired name is available.
The name of a Colorado Limited Liability Company must also include one of the following entity designators at the end of the name:
– Limited Liability Company
– Ltd. Liability Company
– Limited Liability Co.
– Ltd. Liability Co
If you have an LLC name picked out but are not quite ready to file the Colorado LLC Articles of Organization, you can reserve a name for up to 120 days by filing the Statement of Reservation of Name form.
Step 2: Enter the Principal Office Address
The Articles of Organization must include the LLC’s principal office address. In this section, enter the street address, city, and zip cost of the LLC’s initial office address. This address can be the LLC’s physical address, or it can be the address where the business records are stored. You may not use a Post Office Box for the designated office address.
A mailing address can be used if you prefer to have mail go to an address that is different from the principal office address. A PO Box is acceptable in this section.
Step 3: Appoint a Registered Agent
Every Colorado LLC must have a registered agent who is responsible for receiving legal documents on behalf of the LLC. The registered agent must be a Colorado resident or a business with a physical office in Colorado.
You can either appoint yourself as the registered agent or appoint someone else, such as a friend, family member, or professional service. The main requirement to be a Colorado registered agent is that they have a physical address and are generally available during normal business hours.
The registered agent must provide verbal or written consent to be appointed as the registered agent. To confirm their consent, check the box.
Enter the registered agent’s name and move to the next step.
Step 4: Enter the Organizer’s Information
Next, enter the name and mailing address of the LLC organizer(s) who are forming the entity. If there will be more than one LLC member, click on the Yes button to include the names of all members.
Step 5: Select the Management of the LLC
The next step provides information regarding whether the LLC is Manager-Managed or Member-Managed.
A Member-Managed LLC is involved with the day-to-day operations of the business. Many LLCs are operated and run by the owner, in which case would be Member-Managed.
A Manager-Managed LLC refers to a Limited Liability Company that hires a manager to run the business, similar to hiring a CEO of a corporation.
Next, confirm that at least one member of the LLC has checked the box.
Step 6: Enter any Additional Information
If there are additional items you wish to include regarding the formation of the LLC (not common), attach them in this section.
Step 7: Choose the Effective Date
Some will delay the effective date (starting date) of the LLC if they aren’t ready to start the business, but want the filing out of the way or if they are close to the end of a calendar year.
To choose today’s date for the start date of the LLC, select Yes, otherwise choose No. The start date of the LLC can be delayed for up to 90 days.
Step 8: Enter Email Addresses
The Secretary of State will send notices by email regarding the status of a record that has changed or when the Periodic Report is due. Having information sent to multiple addresses can help you stay on top of key communications from the Secretary of State.
Step 9: Sign
Each LLC member must certify that the information in the Articles of Organization is correct and sign.
Only one member is required to sign, though all LLC members can sign if they desire. To add additional signatures, simply upload an attachment on the next page.
Step 10: Upload Attachments
Any additional attachments would be uploaded here.
Step 11: Review, Pay & File the Articles of Organization
Double-check the submitted information for errors. If everything checks out, submit payment and the Articles of Organization will be filed. Be sure to print a copy of the approved Articles of Organization for your records.
You’ve filed your Colorado LLC Articles of Organization! Now what?
Within minutes after filing the Articles of Organization, the LLC will be officially formed with the Secretary of State. With this filing out of the way, there are a few additional steps that will need to be taken care of. Below is a list of the most common tasks.
Prepare a Colorado LLC Operating Agreement
The operating agreement is an internal document that covers items like ownership rights, profit and loss distribution, member responsibilities, and more.
Colorado Revised Statutes § 7-80-108 state that an LLC Operating Agreement is optional. Despite the Operating Agreement not being required, it is recommended to have one as it can help to prevent disputes among members and protect the LLC’s legal status.
Obtain an EIN
The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).
The EIN will be needed before filing business tax returns, opening a bank account, hiring employees, registering for business licenses and permits, and more.
Related: How to Apply for an EIN