The organizer of a Limited Liability Company (LLC) is any qualified person or company whose primary responsibility is filing the articles of organization on behalf of the business.
After comprehensive research and analysis, our team of legal experts will provide a comprehensive explanation about the organizer in an LLC, as well as their duties and responsibilities.
Quick Summary:
- The organizer in an LLC is any qualified individual or company responsible for filing the Articles of Organization.
- Lawyers, business formation services, the LLC's registered agent, or an LLC member can act as the organizer.
- It is advisable to employ a business formation service since the LLC's creation is handled professionally.
Who Is an LLC Organizer?
An LLC organizer is the person or entity who sets up the company.
The LLC organizer is responsible for filing all legal documents and ensuring that everything meets state requirements.
Once the organizer has filed the Articles of Organization which includes the LLCs name, registered address, list of its members and representative agent, their duty is officially complete.
What Does an LLC Organizer Need to Do?
An LLC organizer is a person who forms or establishes an LLC as required by state law and secures its status as a legal entity.
One of the most important LLC formation documents is the Articles of Organization or the Certificate of Formation, as it's called in some states.
The LLC organizer files the LLC Articles of Organization with the state agency, usually the Secretary of State.
The Articles of Organization contain basic information about the LLC, such as its business name and address, purpose or business of the company, registered agent name, and address for service of process.
The Articles of Organization also typically contain a statement that the organizer acts on behalf of all members in forming an LLC.
Who Can Be an Organizer for an LLC?
The organizer for an LLC can be any qualified person or entity that prepares and files the Articles of Organization on behalf of the business.
The organizer can be
- An individual or group of individuals
- LLC member
- A family member
- Business lawyers
- Your LLC's registered agent
- Business formation service
LLC organizers are people or entities that are responsible for creating an LLC.
Most states require that the organizer be at least 18 years of age, a resident in the state where they wish to form their business, and not already barred from forming an LLC by any other state.
LLC members can be their own LLC organizer, but it's not necessary. No state law stipulates that an organizer must also be LLC members. Regardless, some states allow organizers to be the LLC's registered agent as well.
Keep in mind that there should be at least one organizer for an LLC. Otherwise, the LLC can never file their Articles of Organization.
LLC Organizer vs. LLC Member
An LLC organizer is the person or entity who facilitates the technical formation of the business by filing legal documents with the state. This individual may or may not be a member of the LLC.
An LLC member holds ownership interest in the business and shares responsibility for the company's operation and administration.
A person is only allowed to be both the organizer and a member of one registered limited liability company, which means they must choose between being the LLC organizer or its member when filing their paperwork with state authorities for multiple businesses.
Another difference is that members of an LLC are liable for company debts and obligations if they breach any terms of the LLC operating agreement.
On the other hand, LLC organizers are not required to have any financial responsibility for their company's debts or legal responsibilities according to state laws.
An LLC organizer also has no involvement in the day-to-day management decisions of an LLC, while members do since they make up its governing body.
This doesn't apply to LLC organizers who are also members of the LLC.
The main similarity between these two titles is that their names appear on the articles of organization, but not always.
An LLC's organizer must be listed by name and state of residency since they've registered with their Secretary of State or related authority.
Members do not need to supply any personal information when filing for an LLC as a member and can remain anonymous.
Professional LLC Organizers
Most professional LLC organizers have legal background and are very good at what they do--they can save you money and time by handling all your paperwork correctly and promptly.
A professional LLC organizer will help you set up your company correctly, ensuring that all of the legal requirements are met.
They also offer the following additional services:
- Checking the LLC name availability before you begin the filing process
- Offering legal advice on your business structure
- Providing legal guidance
The owner of a single-member LLC is usually its own LLC organizer too, but this can be too time-consuming and energy-draining, which is why many opt for a professional to serve as an LLC organizer.
FAQs
How Do I Remove an Organizer From My LLC?
To remove an organizer from your LLC, you need to amend your Articles of Organization and consult your operating agreement which should specify the procedure for removing an LLC organizer.
The next step is to file the Amendment to the Secretary of State and pay the filing fees.
The members of the LLC need to agree in removing the organizer unless they have other voting procedures in their formal operating agreement.
What Is the Difference Between Authorized Agent and Organizer?
The main difference between an authorized agent and organizer lies in their primary function in the LLC.
A registered agent is a person or a service designated to represent the company and receive legal paperwork and perform service process.
A person who organizes an LLC will generally serve to file LLC documents during its initial creation.
Can I Be My LLC Organizer?
Yes, you can be our own LLC organizer if you own the business or are appointed by the members.
Is LLC Organizer Public?
Yes, the identity of the LLC organizer is a matter of public record since they are responsible for preparing and filing the formation documents of the business entity.
What Is the Statement of the Organizer?
An internal document called the Statement of the Organizer is used to list the Members or Managers of your LLC and the organizer's renunciation of their rights and duties in favor of the members.
Banks may be concerned that you are not the genuine owner if your name is not on the LLC Formation Documents, which is why this statement may come in handy.
What Is an LLC Organizer...
Setting up a business entity is not complete without the business's formation documents and Articles of Organization.
To conduct business correctly, your new LLC needs to have everything in place, including the LLC organizer, who should be a person of trust or a law firm with a good reputation so that your LLC formation can be completed properly.
In this situation, hiring an LLC creation agency to ensure that all the paperwork is properly filled out is advised.
References:
- https://www.zenbusiness.com/llc-organizer/#what-is-llc-organizer
- https://www.northwestregisteredagent.com/llc/types/organizer-vs-member
