If you want to legally operate in Colorado as a limited liability company (LLC), you must file Articles of Organization with the state first. The document lists important information about your business, including its name, address, registered agent for legal paperwork service, and its owners and/or managers. If you need to change your business name or ownership information, then you must file an LLC amendment.
Forming an LLC is a great way to personally protect yourself and your assets when starting a business, but understanding what you need to file and how to provide the right paperwork can be challenging for potential business owners. We have an LLC formation service to help you navigate the process of forming your Colorado LLC, and read on to learn more about the amendment process and how we can help.
Step 1: Determine if you need to amend your Colorado Articles of Organization
The Articles of Organization are required by the state to make the business official and receive certain legal protections. If you change the name of your Colorado LLC or alter your ownership structure, you need to file Articles of Amendment.
Are there penalties if I don’t amend my articles?
If your Articles of Organization aren’t current, the LLC can’t get a Certificate of Good Standing. The CGS states that a company is compliant with all legal requirements and has paid all relevant taxes. Some states use a different name for the CGS, such as Certificate of Existence or Certificate of Status.
If a Colorado business entity changes names, then the Certificate of Good Standing it previously held is no longer valid. If the state of Colorado labels a business as noncompliant or delinquent they don’t qualify for a valid Certificate of Good Standing. Without this certificate, it’s very difficult to obtain a small business loan or raise capital when it’s time to expand.
And remember: it’s the law.
Step 2: Identify what to change in your Colorado Articles of Organization
Colorado allows businesses to change most items in their Articles of Organization provisions using Articles of Amendment, including the name of the LLC itself. The LLC’s name and ownership information are two things of the most common items that are updated using this form.
It’s important to note that Articles of Amendment for a Colorado LLC may only be filed online with the Colorado Secretary of State. Their business filing website has a drop-down box for you to find your business entity and confirm that you’re authorized to make the changes.
Step 3: Gather information for filing your Colorado amendment
To file an amendment to your Articles of Organization, you must have the following information:
- The name of the new entity, along with any other necessary amendments, including the date each change is effective (if applicable)
- The full name and address of the filer
- The full name and address of the filer
- Required fee (see the state website for current schedules)
Step 4: File your Colorado LLC Articles of Amendment
As stated above, Colorado currently only allows online filing for all Articles of Amendment. They also encourage you to attach supporting documentation for any amendments to make sure there isn’t any confusion about the changes later on. If you need help filing an amendment, we can help simplify the process and keep your business current on state requirements with our Worry-Free Compliance service, which includes two amendments annually. We also offer a separate amendment filing service if you’re just looking to change your Articles of Organization.
Items that cannot be changed with Articles of Amendment
If you need to change your Colorado registered agent, you must fill out a Statement of Change Changing the Registered Agent Information, also available online. To change your principal office address, fill out the online Statement of Change Changing the Principal Office Address. Neither can be done on the standard Articles of Amendment form in Colorado.
Colorado Articles of Amendment vs. Restated Articles of Organization
Colorado offers a Restated Articles of Organization option for LLCs, which may be more beneficial for certain use cases. Instead of amending existing Articles of Organization, the Restated Articles of Organization allows LLCs to make several changes at once and combine them into one easy-to-access document.
Just like Articles of Amendment, Restated Articles of Organization may be filed online (and only online) with the Colorado Secretary of State.
Colorado Articles of Amendment vs. Statement of Correction
For changes other than those stated above, Colorado also offers LLCs the Statement of Correction Correcting Information Other Than Principal Office Address or Registered Agent Information.
This document allows you to make corrections to Articles of Organization that may have been filed incorrectly. You can also change or add information that may not have been included in the initial filing, such as the management or the composition of voting members of the company, bylaw provisions, or a modified statement of purpose if filed incorrectly the first time.
Colorado has several forms for LLCs to organize and amend their information, and it can get overwhelming for business owners who aren’t familiar with the legal requirements for starting an LLC in Colorado. We offer easy-to-use services to ensure that your business is fully compliant with Colorado regulations.
Let us help keep your Colorado LLC up-to-date and legally compliant
For many Colorado business owners, taking care of the paperwork and business registration, including filing Articles of Amendment or acting as a registered agent, can feel overwhelming. But we are here to help. With our many business formation and legal compliance tools and services, we can take a lot of these tasks off your plate. Let our team help you with the bureaucratic side of things while you focus on what’s important: running your business.
- Do I need an attorney to amend my Articles of Organization in Colorado?
You don’t need an attorney to file the Articles of Organization or Articles of Amendment. However, Colorado has several kinds of forms and requirements for each, so if you aren’t well-versed on the legal requirements for forming an LLC, you may wish to consult a professional.
- What business changes can be reported in a Colorado LLC Articles of Amendment form?
Articles of Amendment or Amended and Restated Articles of Organization can change the LLC’s business name as well as its management structure and ownership. Changes regarding the registered agent or principal office require separate forms.
- Are Colorado LLC Articles of Amendment the same as an annual report?
LLCs are required to submit periodic reports, but this isn’t the same as filing Articles of Amendment, which is only required for name updates and changes to the business structure.
- How long does it take to file LLC Articles of Amendment in Colorado?
Articles of Amendment are filed online and therefore are filed right away. Processing times vary, but filings are usually complete within a few business days.
- What will I receive from the state of Colorado when the LLC Articles of Amendment are filed?
Once the Secretary of State has made your requested changes, you’ll be notified via email. You can confirm these changes by searching your filing record.