The Tennessee Articles Organization form is a crucial document for establishing a Limited Liability Company (LLC) in Tennessee. This form outlines essential details about the LLC, such as its name, registered agent, and management structure. Completing this form accurately is vital to ensure your LLC is properly recognized by the state.
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The Tennessee Articles of Organization form, designated as SS-4270, serves as a foundational document for establishing a Limited Liability Company (LLC) in the state. This form outlines essential information required for registration, including the LLC's name, registered agent, and principal office address. To ensure compliance with Tennessee law, the name must adhere to specific naming conventions, and applicants may need to obtain consent if their chosen name is similar to an existing business. The form also requires details about the management structure of the LLC, whether it will be member-managed, manager-managed, or director-managed. Additionally, applicants must indicate the number of members at the time of filing and specify the fiscal year close month. A unique feature of this form is the option to delay the effective date of the LLC's formation, allowing for future planning. The Articles of Organization must be completed accurately; otherwise, they risk rejection. Filing methods are flexible, offering options for online submission, print and mail, or in-person delivery. Each method has associated fees, which vary based on the number of members and specific designations such as non-profit or professional status. Understanding these components is crucial for anyone looking to navigate the formation of an LLC in Tennessee successfully.
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Filling out the Tennessee Articles of Organization form can be straightforward, but many people make common mistakes that can lead to delays or rejections. One major error is failing to provide a valid name for the Limited Liability Company (LLC). The name must comply with Tennessee law, including the requirement to include "Limited Liability Company," "LLC," or "L.L.C." If the name doesn’t meet these criteria, the application will be rejected.
Another frequent mistake is neglecting to secure name consent when attempting to use a name similar to an existing business. If the name is not distinguishable, you must check the appropriate box and submit an additional application along with a $20 fee. Skipping this step can cause your application to be returned.
Many applicants also forget to include the registered agent's address. This address must be a physical location in Tennessee, not a P.O. Box. If the address is not deliverable according to USPS standards, the form will be rejected. It's essential to double-check the address for accuracy.
Another common oversight involves the fiscal year close month. If you do not specify this month, the state will default it to December. This might not align with your business plans and could lead to complications with annual reporting.
People often overlook the effective date section. If you want the LLC to start on a specific date, you must indicate that. The date cannot exceed 90 days from the filing date. Failing to provide this information can result in the LLC starting immediately, which may not be your intention.
Some applicants forget to indicate whether the LLC will be member-managed, manager-managed, or director-managed. This selection is crucial for the operational structure of the company and must be clearly marked on the form.
Additionally, not stating the number of members at the time of filing can lead to issues. If left blank, the state will assume there is only one member, which may not reflect your actual business structure.
When it comes to the principal executive office address, ensure it is accurate and deliverable. Like the registered agent's address, a P.O. Box is not acceptable here. Incorrect addresses can lead to rejection of the application.
Another mistake is not checking the appropriate boxes for any special designations, such as Non-Profit LLC or Professional LLC. If you indicate one of these designations in section 3 but fail to check the corresponding box, your application may be incomplete.
Finally, failing to sign and date the application is a critical error. Without a signature, the application will be rejected. Ensure that you also print your name and title clearly, and indicate your capacity if you are not signing in your individual capacity.
After completing the Tennessee Articles of Organization form, you will need to submit it along with the required filing fee to the Secretary of State's office. Ensure that all information is accurate and complete to avoid rejection of your application.
When filling out the Tennessee Articles of Organization form, consider the following do's and don'ts:
The Tennessee Articles of Organization form is a crucial document for establishing a Limited Liability Company (LLC) in Tennessee. In addition to this form, several other documents are often required or beneficial during the formation and operation of an LLC. Below is a list of related forms and documents that may be needed.
Understanding these documents can simplify the process of forming and maintaining an LLC in Tennessee. Each serves a specific purpose and contributes to the legal and operational framework of the business. Proper preparation and submission of these forms will help ensure compliance with state regulations.
The filing fee is mandatory for the Articles of Organization. It is calculated based on the number of members, with a minimum fee of $300.00 and a maximum fee of $3,000.00. Applications submitted without the proper fee will be rejected.
A post office box is not acceptable for the registered agent or office address. The address must be a physical location that can be verified by the United States Postal Service.
The name of the LLC must meet specific requirements outlined in T.C.A. § 48-249-106. It must include the words “Limited Liability Company” or the abbreviations “LLC” or “L.L.C.”
Applicants have multiple options for filing, including e-filing, print and mail, paper submission, and walk-in submissions. Each method has specific instructions and may incur different fees.
Forms that are inaccurate, incomplete, or illegible will be rejected. All required sections must be fully completed to ensure acceptance.
If the LLC is not to be effective upon filing, a delayed effective date must be specified. This date cannot exceed ninety calendar days from the filing date.
What is the purpose of the Tennessee Articles Organization form?
The Tennessee Articles Organization form is used to officially establish a Limited Liability Company (LLC) in the state of Tennessee. This form outlines essential details about the LLC, such as its name, registered agent, and management structure. Filing this document with the Secretary of State is a critical step in creating a legal entity that can conduct business in Tennessee.
How can I submit the Articles of Organization?
You have several options for submitting the Articles of Organization. You can file online through the Tennessee Business Services website, which allows for payment by credit or debit card. Alternatively, you can print the completed application and mail it to the Secretary of State's office. If you prefer, you can also obtain a blank application to fill out by hand and submit it by mail. Lastly, you can visit the Secretary of State’s office in person to file your application. Each method has specific instructions and may involve different fees.
What are the filing fees associated with the Articles of Organization?
The filing fee for the Articles of Organization is $50.00 per member of the LLC at the time of filing. However, there is a minimum fee of $300.00 and a maximum fee of $3,000.00. If the LLC is prohibited from doing business in Tennessee, the fee is a flat $300.00, regardless of the number of members. It is important to ensure that the payment is made correctly, as applications submitted without the proper fee will be rejected.
What information is required on the Articles of Organization?
The Articles of Organization require several pieces of information, including the LLC's name, the name and address of the initial registered agent, the management structure, and the number of members at the time of filing. You must also indicate whether the LLC is perpetual or has a specific end date. Other optional provisions can be included to provide additional details about the LLC. Ensure that all information is accurate and complete to avoid rejection of the application.