How To Fill Out The Michigan Articles of Organization
The Michigan Articles of Organization is the official document filed with the Michigan Department of Licensing and Regulatory Affairs to establish a Limited Liability Company (LLC). After the filing is approved by the state, the business can officially begin operating and register for the necessary business licenses and permits.
To file the Michigan Articles of Organization, you will need to submit the completed CSCL/CD-700 LLC Articles of Organization form to the Michigan Department of Licensing and Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau. The form can be completed and sent by mail or filed online.
IncFile is currently running a special where you only pay state fees for your LLC formation!
Let’s go over how to fill out the LLC Articles of Organization in Michigan. To get started, visit the Michigan Department of Licensing and Regulatory Affairs website.
Step 1: Pick a Name for the LLC
The first step in filling out the Michigan Operating Agreement is to pick a business name.
There are a couple of requirements when choosing a Michigan LLC name.
1. The name of your LLC must not be too similar to the name of another business entity already registered with the state of Michigan. You can verify name availability by doing a Michigan LLC name search with the Michigan Department of Licensing and Regulatory Affairs to be sure the LLC name is available.
2. The name of the LLC must include one of the following entity identifiers at the end of the business name:
– Limited Liability Company
Enter the LLC name including the identifier to continue. If you choose a name that is taken, the Department of Licensing and Regulatory Affairs will return your application.
Step 2: Describe the Business
In this section you will enter information regarding the LLC’s purpose.
You are allowed to provide more information about what the LLC will do; however, you can keep the included text “The purpose or purposes for which the limited liability company is formed is to engage in any activity within the purposes for which a limited liability company may be formed under the Limited Liability Company Act of Michigan” and not add anything more. Keeping this statement generic allows the purpose of the business to change and not need to amend the Articles of Organization
Step 3: Choose the LLC’s Duration
This section is optional and not common for most LLCs. However, if there is a specified date the LLC will cease to exist, enter the date here. This is more common for investment-related entities.
If there isn’t a specific date to close the LLC, leave this section blank.
Step 4: Appoint a Resident Agent
One requirement to have an LLC in Michigan is to appoint a Michigan resident agent. The registered agent is a party that is physically located in the state of Michigan that will receive important notices and service of process (which means to accept papers that start a lawsuit) on behalf of the LLC.
Provided the LLC member lives in the state of Michigan, they may act as the resident agent or the agent can be an adult resident of the state or resident agent service.
Enter the name and address of the resident agent and the registered office. A PO Box isn’t allowed for the street address, however, if there is a different mailing address for the state to send correspondence, a different mailing address is available.
Related: Should you be the resident agent?
Step 5: Include Any Additional Information
If there are additional rules that should be applied to the LLC, enter those in this section.
Step 6: Sign the Articles of Organization
At least one of the LLC’s organizers will review the Articles of Organization and sign the document.
The Organizer is someone who is involved with the LLC formation. The Organizer may or may not be a member, such as a mentor, attorney, or accountant, but any of the initial member(s) could be listed as an organizer.
If the organizer agrees to the terms, they will sign and provide their contact information, along with sending the state filing fee.
Related: Who can be an LLC Organizer?
You’ve filed your Michigan LLC Articles of Organization! Now what?
After the LLC is officially filed with the Michigan Department of Licensing and Regulatory Affairs, there are a few additional things to follow up on. Below is a list of some of the tasks to consider.
Prepare a Michigan LLC Operating Agreement
The operating agreement is an internal document that covers items like ownership rights, profit and loss distribution, member responsibilities, and more.
Michigan Statute § 450.4308 states 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