Discover why amending your Arizona Articles of Organization is essential for compliance and adaptability. Explore our guide below for expert insights.
Like many business owners, you probably spent a good deal of time planning the details of your Pennsylvania business, including deciding on forming a limited liability company (LLC) as your business’s entity structure. Many people think that filing the Certificate of Organization to form your LLC are the final steps of the process, when in reality, it’s just the beginning. Staying state compliant is a job that continues throughout the life of your business, and one of those tasks is to update the state when you make certain changes to your Pennsylvania LLC’s information. This means that you’ll need to amend your LLC’s Certificate of Organization.
If this sounds a little scary, don’t worry, we’re here to help. Read on to learn about the amendment process in Pennsylvania and how we can make this task easy.
The Pennsylvania Department of State requires businesses to file a Certificate of Organization to register the LLC so it can legally operate within the state. The Certificate of Organization needs to include:
The Certificate of Organization can include additional provisions as long as the provisions don’t conflict with the Operating Agreement.
Haven’t formed your Pennsylvania LLC yet? No problem. Head over to our Pennsylvania LLC formation page to get started.
The Department of State uses the information you provide about your LLC in the Certificate of Organization for a variety of purposes, including:
Thus, keeping the state informed when changes occur prevents your LLC from facing difficulties down the road.
Upon request, the Pennsylvania Department of State issues a Certificate of Subsistence to properly registered LLCs. This document confirms your LLC exists and is in compliance with federal, state, and local laws. Many states refer to this as a Certificate of Good Standing. You might need a Certificate of Sustenance if you wish to:
The inability to obtain a Certificate of Sustenance limits your LLC’s ability to expand its operations and raise capital in the future.
A Pennsylvania LLC must inform the Department of State when the information contained in its Certificate of Organization becomes inaccurate. You do this by filing a Pennsylvania LLC Amendment. The amendment can delete or alter the provisions of the original Certificate of Organization. An amendment can also add provisions that could’ve been included in the original Certificate of Organization.
The information you need to provide on the Pennsylvania LLC Amendment to receive approval from the Pennsylvania Department of State includes:
The Certificate of Amendment form is provided online and contains the most up-to-date filing fee.
If you only need to change your registered agent information, Pennsylvania provides a separate Change to Registered Office filing. This allows you to make the change without going through the entire amendment process. Your Certificate of Amendment must then be filed with the Pennsylvania Department of State online or by mail to the Pennsylvania Department of State’s office in Harrisburg.
If you’re looking for help filing an amendment, we have a range of compliance services, including an amendment filing service specifically designed for these occasions.
Pennsylvania provides LLCs the option to file a Restated Certificate of Organization instead of a Certificate of Amendment by checking a box on the Certificate of Amendment form.
The Pennsylvania Articles of Amendment amends the initial Certificate of Organization, which ultimately remains in effect. Alternatively, the Restated Certificate of Organization serves to replace the original Certificate of Organization in its entirety.
If you opt for the Restated Certificate of Organization, be sure to include a statement that the Restated Certificate of Organization supersedes the original Certificate of Organization and all earlier amendments.
Amendment issues can be confusing and tedious, but you don’t have to face these issues alone. We can make this easier with our Worry-Free Compliance service to help you stay compliant with state requirements including amendments, annual report filing, and much more.
Pennsylvania provides a Statement of Correction form that allows you to correct any inaccuracies in a filing that has been accepted by the Department of State. Unlike the Certificate of Amendment, the Statement of Correction does not make substantive changes to the contents of your Certificate of Organization, but only corrects information that was noted incorrectly.
Keeping the state and public up to date on any changes to your LLC is crucial to the success of your business. So don’t let your LLC fall out of compliance. We are here to help make things easier for you.
We will provide the assistance you need along the way. With our Worry-Free Compliance, Pennsylvania registered office, and amendment services, we can help you form, operate, and maintain your Pennsylvania LLC and avoid falling out of good standing.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Pennsylvania doesn’t require you to hire an attorney to review your Certificate of Amendment before it’s filed. However, if you run into legal issues or have legal questions about your business, it’s a wise idea to seek advice from a legal professional before making any big moves.
Any additions, deletions, or revisions to the information in a Pennsylvania LLC’s original Certificate of Organization may be reported in a Certificate of Amendment form.
No. Pennsylvania requires LLCs to submit a decennial report every 10 years during numbers that end in 1, regardless of whether or not the LLC made changes to information contained in the Certificate of Organization. The failure to file your report can also result in your business losing its good standing status.
Pennsylvania requests 10 to 15 business days for the processing of online filings. This timeline can increase depending on the workload of the office.
The Certificate of Amendment form provides spaces at the top of the document to indicate whether you want the return document sent to a physical address by mail or sent by email.
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