How To Fix A Pennsylvania LLC
When any changes are made to a limited liability company (LLC), both the operating agreement and the articles of organization must be amended. Although the amendment process is not difficult, it’s important for an LLC to understand it before making changes. In Pennsylvania, amendments to an LLC can include changing the name of your LLC, updating the address, switching your registered agent, or changing the owners of your LLC. To make these corrections, you will need to file a document that ensures that the corrections have been placed on the official record.
Every state has different filing procedures for amending an LLC. In Pennsylvania, the form needed to update an LLC’s information on the official record is the Certificate of Amendment. The document can be filed via mail or internet. Consulting an LLC lawyer can be helpful to ensure that your paperwork has everything needed for filing.
How To Fix or Amend Your PA LLC
Change the LLC’s Name
Before you can begin using a new name for your LLC, you must check to see if the name is available in your state. You can do this by checking Pennsylvania’s LLC registration records. Once you know the name is available, you must file the change. Within your city or county, you can alter the business name and say that you’re “doing business as” that name. The two forms you will need to change your LLC’s name is a Certificate of Amendment and Docketing Statement – Changes form.
Remember: Notify other federal and state agencies about the change in your LCC’s name.
Change Ownership or Membership
Within the LLC, the operating agreement must be altered. On a Certificate of Amendment, Pennsylvania LLCs can change their ownership or membership. Some states requires that the LLC report any changes made in membership, such as a transfer of large amounts of ownership.
Change Registered Agent
In Pennsylvania, you can use the Certificate of Amendment to change the registered agent of the LLC. But, Pennsylvania prefers that LLCs use the Certificate of Change of Registered Office form.
How to File an LLC Amendment
1. Check your LLC’s founding documents.
The operating agreement should include a process for proposing and finalizing amendments. Be sure to follow the procedure outlined by your operating agreement for amendments.
2. Vote for the amendments.
Depending on your business and state, you might need to have the agreement of most if not all of the members of your LLC. Sometimes the operating agreement might outline the rules for how many members are needed to make an amendment.
3. Check the amendment requirements
To amend the original documents held by the state about your LLC, you must be sure to follow the instructions for the changes. Therefore, you need to know what the state requires for LLC amendments.
- Pennsylvania does charge a fee for filing a Certificate of Amendment.
- Double check what other requirements the state has for reporting changes
- The state must confirm the changes before they take effect
- Check the requirements for LLC amendment announcement requirements
4. Be timely in filing your LLC amendment.
Amendments should be filed before or soon after you’ve decided on a change within the LLC. In fact, in some states, if you don’t file within a month of the change, you could face a fine or penalty. In Pennsylvania, an amendment can be filed in less than a week so there’s no need to procrastinate.
5. Fill out the Certificate of Amendment.
All changes need to be detailed in this form along with when the change is effective. Depending on who manages your LLC, that’s who signs this form.
6. Send the form to the location where the LLC is registered.
In Pennsylvania, the department of state provides information on LLCs as well as the necessary forms. Be sure to follow the instructions that are in the Certificate of Amendment. Consult with a business lawyer if you have more in-depth questions about the legal requirements.
7. Receive LLC amendment confirmation.
Depending on how long your amendment takes to process, you will receive confirmation of the amendment within 2 business weeks of filing for a change. Normal or in-person processing requires 3-5 working days and then the return mailing time. But expedite processing takes 1 day and then the mailing time.
If you have detailed questions about making changes to your LLC, contact a business lawyer who will know how to navigate the law and make the process more simple.