After the theoretical preparation for starting your Wisconsin LLC is done, it is time for you to practice, following the right sequence of actions.
You cannot wait to start your business, get your first customers, and make money, but the process of officially forming an LLC begins with the filing of the Articles of Organization. A paperwork may seem like a waste of time, but in fact it is not. Only after the registration, the company gets access to a whole range of state services, which were unavailable to it before, and starts doing its own business. Getting a Wisconsin Certificate of Formation is the key step in the process of creating your business. In this article, we will take a closer look at how to complete and file the Articles of Organization.
What are Articles of Organization in Wisconsin?
According to the law, the Articles of Organization Wisconsin LLC is a fundamental document, which includes all the essential information concerning the creation and activities of the company.
Do I have to file Articles of Organization in Wisconsin?
Yes. In Wisconsin , the document called Articles of Organization, has to be registered. It plays a central role in the process of forming a company.
In contrast to the Operating Agreement, which is an optional internal act, the LLC Articles of Organization are required by the law. You must not only provide all the necessary information, but also have it approved by the Department of Financial Institutions.
How to create Articles of Organization LLC for Wisconsin
To simplify the registration process, the government body has developed the unified form and special instructions for the Articles of Organization.
Unlike the Operating Agreement, such a document cannot be created using generation documents, and this might be a problem. However, you can write Articles of Organization in 30 minutes. You only need to fill out one page including the following points:
- company’s name;
- legal address;
- type of management: member-managed or manager-managed;
- organizer information: an LLC Organizer is someone involved with the formation of the Articles of Organization. It may become an owner, a professional organization, assisting in creating and running a business , or another person;
- registered agent: the name, the registered office address and contacts;
- effective start date of your organization: if you want the Limited Liability Company to start on a later date, you can specify when you want the business entity to become effective. However, you cannot backdate your business. Moreover, enter a date less than 90 days in the future.
Preparing to File Your Wisconsin Articles of Organization
Even though the length of Articles of Organization LLC Wisconsin is limited, the role and importance of the form requires serious consideration.
There are two main points that require special attention:
A company’s name is the most important part of its image. It should not only be memorable, but also a legally correct name, following all the requirements such as:
- absence of forbidden words: certain restricted words (e.g., Bank, Insurance, Attorney) may require a licensed individual to be part of your LLC. Your name cannot confuse people with the nature and purpose of the company’s activities or with its connection to the state;
- uniqueness: the name you choose must be free. If it is already in use by an existing company in the state, the Department of Financial Institutions will reject the registration application;
- use a designation: the name should describe its type of business entity and must contain the phrase “limited liability company” or one of the abbreviations (LLC or L.L.C.).
If the name corresponds to all the criteria mentioned above, and it is available, you can write it into the Articles of Organization.
Company registration will automatically reserve the name for your company. If there is a name you want, but are not ready to register the LLC, the name reservation will hold it for up to 120 days.
You cannot conduct a business in Wisconsin without a Registered Agent. A registered agent to receive important legal notices, including tax documents, and summons on behalf of the LLC.
The agent can be either an individual or a legal entity following basic requirements:
- to have a mailing address in Wisconsin (P.O boxes are not allowed);
- to be always available during normal business hours to receive service of process in person;
- to be a resident of Wisconsin.
When you choose the right agent, you should include their contact information in the Articles of Organization.
Where to file Articles of Organization of a Wisconsin
To register your LLC, you will need to file Wisconsin LLC Articles of Organization for approval. There are two ways to file your Articles of Organization:
The advantages are speed, simplicity, and financial benefits, because you will save $40 by choosing to apply online.
To register your company, you need to visit the Department of Financial Institutions website, use their QuickStart LLC service and follow the instructions.
The state filing cost will be $130, which you can pay by credit card.
Hard Copy Filing
If you cannot or do not want to use the online filing, use the paper application. Include a check for $170, payable to the Department, and send all the materials to the address:
State of WI – Department of Financial Institutions
P.O. Box 93348
Milwaukee, WI 53293-0348
For Madison residents, there is a personal delivery option. This will allow you to avoid wasting time on shipping and deliver the Articles of Organization to the address: 4822 Madison Yards Way, North Tower, Madison, WI 53705.
If you choose this method, the state filing cost will be $170.
The average processing time at the Department of Financial Institutions is about 5 – 7 business days. Expedited service is available for an additional $25, which only takes 24-hours.
How to get Articles of Organization Wisconsin
There are two ways to get Wisconsin Articles of Organization:
- on the official website: visit the Department of Financial Institutions website, download the free Articles of Organization Wisconsin, and fill them following the instructions;
- on the Internet: do a search on the keywords: “Articles of Organization LLC Wisconsin sample” or “Articles of Organization LLC example” and choose the appropriate one.
As a rule, there are no difficulties in obtaining Articles of Organization template even for new entrepreneurs, but you should know exactly what you do. Take your time. Study the instructions and then fill out the form.