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Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in Wisconsin, you must file the formation document. At some point in time, if you might need to update/change any of the information shared in the Articles of Organization, you must file the Articles of Amendment with Wisconsin SOS.
To amend your Wisconsin Articles of Organization, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the Wisconsin SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend Wisconsin Articles of Organization without any hassle. Note that the process explained here is a generic process. It is recommended to consult a professional or attorney beforehand.
The Articles of Organization is a document that is required to form an LLC in Wisconsin. The document must be submitted online or by mail to the Wisconsin Secretary of State. Certain details need to be added while filing the Wisconsin Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-
Changes such as name, physical address of the business, address or/and name of the Wisconsin Registered Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in Wisconsin. There are three prominent steps to follow. The steps are as follows-
The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.
These are common changes that often occur in limited liability companies. If you have to make those changes, you must proceed with drafting the Articles of Amendment with Wisconsin Secretary of State.
The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-
To file the Articles of Amendment in Wisconsin, you need either an online or offline form. You can do that online in most states by signing in to the Secretary of State’s official portal. To file the amendment in Wisconsin, you must fill up the form (online or offline) and send it back to the SOS (online or by mail).
For the online filing, the form must be submitted using the Wisconsin Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the State of WI – Dept. of Financial Institutions, P.O. Box 93348, Milwaukee, WI 53293. The amendment filing fee of $20 must be paid at the time of form submission.
There are six reasons why you need to file the Articles of Amendment in Wisconsin. Following are the six points to note-
Change of Wisconsin LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the Wisconsin SOS through Amendment.
It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.
Tip from LLCBuddy
Change of Wisconsin LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then Wisconsin LLC has to file the amendment certificate.
Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the Wisconsin SOS.
Change of Wisconsin LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.
Change of the Purpose of Wisconsin LLC: The purpose of the LLC is mentioned in the Articles of Organization when it is filed. If the purpose is changed at any time, for example, a non-profit in Wisconsin changes to a for-profit organization, or vice-versa, it must be filed with the SOS.
Change of Wisconsin Tax Structure: The Wisconsin LLC classification of taxes is mentioned in the Articles of Organization at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with Wisconsin SOS.
The cost of filing the Amendment Certificate in Wisconsin is $20. For other types of filing costs, please visit the official website of Wisconsin Secretary of State.
Failure to amend Wisconsin Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in Wisconsin. Another consequence of not filing an amendment in Wisconsin is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and the LLC does not file an amendment, it will be considered a violation of state law. Hence, the LLC might face legal issues.
To amend the Wisconsin Articles of Organization, you must file an Amended Articles of Organization with the Wisconsin Department of Financial Institutions.
When should I amend the Wisconsin Articles of Organization?You should amend the Wisconsin Articles of Organization whenever there are changes to the information contained in the original document.
Can I amend the Wisconsin Articles of organization online?Yes, you can file an amendment to the Wisconsin Articles of Organization online through the Wisconsin Department of Financial Institutions website.
What information do I need to provide in the amended Wisconsin Articles of Organization?You will need to provide the updated information along with the original Wisconsin Articles of Organization filing number.
Is there a fee to amend the Wisconsin Articles of Organization?Yes, there is a fee to file an amendment to the Wisconsin Articles of Organization. The fee will vary depending on the method of filing.
How long does it take to process an amendment to the Wisconsin Articles of organization?The processing time for an amendment to the Wisconsin Articles of Organization can vary but typically takes 5-10 business days.
Can I amend the Wisconsin Articles of Organization multiple times? Yes, you can file multiple amendments to the Wisconsin Articles of Organization as needed. What happens after I file an amendment to the Wisconsin Articles of Organization?Once the amendment is processed, you will receive confirmation from the Wisconsin Department of Financial Institutions.
Do I need to notify any other parties when amending the Wisconsin Articles of Organization?No, you are not required to notify any other parties when amending the Wisconsin Articles of Organization.
Can I change the name of my LLC when amending the Wisconsin Articles of organization?Yes, you can change the name of your LLC when filing an amendment to the Wisconsin Articles of Organization.
Are there any restrictions on amending the Wisconsin Articles of Organization?There are certain restrictions on amending the Wisconsin Articles of Organization, such as not being able to change certain statutory provisions.
What happens if I do not amend the Wisconsin Articles of Organization when required?Failure to file an amendment to the Wisconsin Articles of Organization when required may result in penalties or legal consequences.
Can I amend the Wisconsin Articles of Organization for a foreign LLC? Yes, a foreign LLC can also file an amendment to its Wisconsin Articles of Organization. Can I amend the Wisconsin Articles of Organization to add new members?Yes, you can file an amendment to the Wisconsin Articles of Organization to add new members to your LLC.
Do I need to provide a reason for amending the Wisconsin Articles of organization? No, you do not need to provide a reason for amending the Wisconsin Articles of Organization. Can I amend the Wisconsin Articles of Organization to change the registered agent?Yes, you can file an amendment to the Wisconsin Articles of Organization to change the registered agent for your LLC.
How do I know if I need to amend the Wisconsin Articles of Organization?You will need to review the original Wisconsin Articles of Organization to determine if any information needs to be updated or changed.
Can I amend the Wisconsin Articles of Organization to change the business address?Yes, you can file an amendment to the Wisconsin Articles of Organization to change the business address of your LLC.
Can I amend the Wisconsin Articles of Organization to change the purpose of the LLC?Yes, you can file an amendment to the Wisconsin Articles of Organization to change the purpose of your LLC.
Can I amend the Wisconsin Articles of Organization to remove a member?Yes, you can file an amendment to the Wisconsin Articles of Organization to remove a member from your LLC.
Is there a deadline for amending the Wisconsin Articles of Organization?There is no specific deadline for amending the Wisconsin Articles of Organization, but it is recommended to file any necessary amendments promptly.
Can I amend the Wisconsin Articles of Organization to change the management structure?Yes, you can file an amendment to the Wisconsin Articles of Organization to change the management structure of your LLC.
Can I amend the Wisconsin Articles of Organization to change the duration of the LLC?Yes, you can file an amendment to the Wisconsin Articles of Organization to change the duration of your LLC.
Can I amend the Wisconsin Articles of Organization to change the member voting rights?Yes, you can file an amendment to the Wisconsin Articles of Organization to change the member voting rights of your LLC.
Can I file an amendment to the Wisconsin Articles of Organization by mail?Yes, you can file an amendment to the Wisconsin Articles of Organization by mail, but online filing is recommended for quicker processing.
Can I file an amendment to the Wisconsin Articles of Organization in person?Yes, you can file an amendment to the Wisconsin Articles of Organization in person at the Wisconsin Department of Financial Institutions office.
Can I amend the Wisconsin Articles of Organization without a member vote?It is recommended to have a member vote when amending the Wisconsin Articles of Organization, but it may not be required depending on the changes being made.
Can I reverse an amendment to the Wisconsin Articles of Organization?It is not possible to reverse an amendment to the Wisconsin Articles of Organization once it has been processed by the Wisconsin Department of Financial Institutions.
Can I hire a professional service to help me with amending the Wisconsin Articles of Organization?Yes, you can hire a professional filing service to assist you with amending the Wisconsin Articles of Organization if needed.
How do I amend my Wisconsin Articles of Organization? You can file an amendment form with the Wisconsin Department of Financial Institutions.While running a limited liability company in Wisconsin, it might be possible to make changes. From the name of the business to the Registered Agent, the management of the LLC can be changed over time. Every time you make any changes, you must file the amendment. You must consider that changing LLC names should not occur more often unless it is totally required. The name is the first identity of your LLC; changing it frequently directly affects the company’s branding. Filing the Articles of Amendment is mandatory as well as crucial, and failure to do so can lead to legal issues and non-compliance with state laws.
This article shares all the important steps you need to follow to file the Articles of Amendment in Wisconsin. While you follow the steps shared in this article, make sure to consult a professional or attorney. If you are looking for a professional LLC formation service at $0, we recommend ZenBusiness. By following the steps outlined in this article and submitting the necessary documents to the Wisconsin Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.
