In Maryland, every LLC is required to file Articles of Organization with the Maryland State Department of Assessments and Taxation (SDAT). These articles provide basic information about the company, such as its name, purpose, and registered agent. However, as circumstances change, it may become necessary to amend the original articles. An amendment is a change to the articles that requires filing a new document with the SDAT. This article will explain the process of amending Maryland Articles of Organization.
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Determine the Type of Amendment
Before starting the process of amending the Articles of Organization, it is crucial to determine the type of change that needs to be made. Some common reasons for amending the articles include changing the name of the LLC, modifying the registered agent or the address of the LLC, altering the duration of the LLC or increasing/decreasing the number of members. Once an LLC has identified the type of amendment needed, the next step is to download the correct Articles of Amendment form from the SDAT.gov website.
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Filing the Amendment
The Articles of Amendment form is available as a fillable PDF on the Maryland State Department of Assessments and Taxation (SDAT) website. An LLC amendment must contain the following information:
- Name of the limited liability company. The name must match the name listed in the LLC Articles of Organization.
- Date of filing of the Articles of Organization.
- Details for the change; indicate what changes you want to make to the organizational record, including any other new information that you want to include.
- A statement certifying that all approval required under the articles or statutory law and the LLC relating to the plan of amendment has been obtained, or is no longer required. Members or managers must vote and approve changes based on the terms of the company’s operating agreement and state law.
- Signature of an authorized representative and date of signature
- A completed Articles of Amendment form must be sent to the SDAT by mail with the appropriate filing cost to ensure the amendment is filed with the State.
Filing Process
To file the Articles of Amendment, follow the given steps:
Step 1: Visit the SDAT Website
Visit the Maryland State Department of Assessments and Taxation's website (www.sdat.gov). Scroll to "Forms and Applications" and click on "Limited Liability Companies" forms.
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Step 2: Download the "Articles of Amendment" Form
The Articles of Amendment form can then be downloaded and saved under the LLC folder on your local hard drive.
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Step 3: Fill out the Form
Once downloaded, the amended LLC form can be completed using a computer. The PDF can be autosaved with the information entered.
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Enter the specifications indicating the change the business will make. For instance, alter the 'name' field if you are modifying the LLC's official company name; under the "additional provisions' portion of the form is where one can update other minor information changes.
Enter the contact information for the designated LLC's managing member or attorney as the contact person in case the state has legal queries on the filing amendment.
One digital signature line will present itself you after you fill out some of the portion of the form where a member or a member's attorney will need to sign.
Ensure all sections in your Maryland articles of amendment are correctly completed as all sections must be contained and have all questions answered. As it becomes forwarded for the State of Maryland's judgments mainly in at SDAT department. Keep all the USPS pre-paid postage envelopes and necessary scanned images for record in Maryland if you prefer faster class-post shipping method instead of the long mail letter awaiting the Maryland amendment.
Sign or click to make a signature on the digital signature section of the Maryland amendment certificate to imply the member's acceptance with the pieces of information contained within the documents to be amended.
Filing Fees
The filing fee charged for a Maryland LLC amendment is $100, which could be paid by check made payable "Maryland State Department of Assessment & Taxation" or VISA® MasterCard® or Credit Card/ACH Payment Method through Maryland Business Express website.
Conclusion
The Articles of Amendment that alter the Articles of Organization must be correctly assembled and documented with the business state representative. The costs incurred for filing a Maryland LLC amendment would depend on the number of operation changes being effectuated and should be paid in the manner wanted by SDAT. Any subsequent name changes due to an amendment of Articles of Organization will expire after 30 consecutive days without obtaining an alternate Maryland business or organization title.” Make sure to mark out all fields with any improvements deemed necessary. By these phases, a seamlessly, straightforward amending process should successfully be concluded with Maryland SDAT's proper announcements issued.
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