If you are a Massachusetts business owner and your business has changed or you made an error on your Certificate of Organization, you may need to amend it. This article will help you understand how to do this.
A Certificate of Organization is a document filed with the Massachusetts Secretary of State that establishes a limited liability company’s existence. The certificate should include the LLC’s name, purpose, address, registered agent, and the names of the person(s) forming the LLC.
If you made a mistake, forgot to add important details or your business underwent a change that needs to be reflected in the Certificate of Organization, it is important to amend it. Not amending your certificate can cause legal or financial consequences for your business, so it is essential to correct errors as soon as you identify them.
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In this article, we will cover the process to file an amendment with the Massachusetts Secretary of State and any documents you will need to submit.
Reasons to amend massachusetts certificate of organization
Before we explain the process to amend your Certificate of Organization, let’s explore some common situations where businesses would need to amend this important document:
- A change was made to your LLC’s name or address. If you move your business to a new location, you will need to update your registered address with the state of Massachusetts.
- Changes to who owns the company or the names of the members of your LLC. You might need to update your Certificate of Organization when members of your LLC change or when someone leaves or joins your LLC.
- Your LLC changes its purpose to one that wasn’t initially outlined in the certificate.
- You accidentally mistyped an owner’s name or misspelled something.
- You want to change how your LLC operates or make any additional changes.
Whatever the reason may be, the most important thing you can do for your business is to make sure your Certificate of Organization is accurate and up-to-date.
Required Documents and Information
The process of amending your Certificate of Organization depends on why you are making changes. However, the most important item that is required when amending your representative document is an amendment filing form. The amendment filing form is available on the Massachusetts Secretary of State’s website. Its purpose is to provide updated information which will supersede your Certificate of Organization. Make sure to provide all information legibly.
In addition to the form, you will need to provide other documents or information depending on the nature of the changes. For example, if there was a change in your LLC's business purpose, you will need to provide a statement explaining the nature of the change or updates you want to make, as well as a copy of your new Operating Agreement if any. Prepare all documents carefully since information and mistakes such as being incomplete, unreadable or unclear, can lead to additional delays in processing your amendment You may even have to re-filing all missing forms due to incomplete or wrong information.
The Amendment Process
The Amendment process is relatively streamlined and made easy if you follow the instructions carefully. An amendment filing can be filled out and filed online through Massachusetts Secretary of State website, via mail or courier service. If you choose to file online, you will end up with a receipt from the Secretary of State that you can print out and keep for your records.
Here are the steps you need to follow to amend your Certificate of Organization three ways:
Amend Online
You can file to amend your Massachusetts Certificate of Organization online by following these steps:
1. Visit the Massachusetts Secretary of State online portal.
2. Enter your Tax ID Number and PIN Number.
3. Select 'File Amendments/Orders' from the sidebar on the left of the screen.
4. Choose the appropriate amendment type according to your changes.
5. Follow the instructions to upload or attach the necessary documents.
6. Pay a $100 filing fee excluding gateway fees. Please note your amendment may get delayed if the payment is invalid, unclear or payment full amount is missing.
7. After paying, submit and print a copy of your receipt
Amend by Mail
If you want to file your amendment via mail; you can send the completed amendment filing form, together with any required documents as proof to the Secretary of State office at:
Office of the Secretary of the Commonwealth
Corporations Division
One Ashburton Place, Room 1717
Boston, MA 02108-1512
The filing fee for mailing is also $100, make your check or money order payment to the Commonwealth of Massachusetts, and plase note it should safe secure of theft,missroute, or malling errors by using a “certified mail with a return receipts requested” shipping service.
Amend In-Person
How do you amend your Certificate of Organization in person? Here are the steps to follow:
1. Visit the Commonwealth of Massachusetts Statehouse at Office of the Secretary of the Commonwealth, Room 1717 in Boston.
2. Request that you would like to file for an Amendment Changes and provide or show requirements to filing.
3. Pay a non-refundable $100 amendment filing fee in cash, money order, or check-payable to Massachusetts Secretary Of The Commonwealth.
Conclusion
Filing an Amendment Changes may sound daunting, but following this easy steps-guide which includes the process, filing documents, and contact details to get you well briefed enough on the different ways to change the representative document for the organization of your Massachusetts company.
Remember the most crucial thing is keeping an updated and correct Certificate of Organization to avoid any legal or financial consequences and to build trust within your company partner, client and investor.
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