A certificate of organization in Nebraska, also known informally as the Articles of Organization, is a legal document filed with the Secretary of State in order to legally form a Limited Liability Company (LLC). Once your LLC is officially formed, you may need to make changes or amendments to the certificate if there are any mistakes or changes to your company. In this article, we’ll explore how to amend nebraska certificate of organization, including the steps you need to take, a breakdown of the different amendments you might need, and some key considerations.
Reasons to Amend Nebraska Certificate of Organization
There are a variety of reasons why you might need to amend your certificate of organization:
* Change of registered address
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* Addition/removal of members
* Change in your company’s name or type
* Adding or removing assets from the business
* Change of management structure
* Update required state fees such as the initial LLC or annual records fee.
Steps to Amending Nebraska Certificate of Organization
Once you’ve determined that an amendment is necessary, here are the steps you should follow:
1. Preparing the Amendment
The first step in amending your Nebraska Certificate of Organization is to prepare the amendment in writing. This should include:
* State the change you’re making in specific terms
* Specify whether you’ll be adding, changing, or deleting the information
* Include any changes to ownership structure, new members or changing the business purpose in simple language.
* Include any other changes necessary to the operating agreement.
2. Pay Required Fees
Next, you will need to pay the filing fee for the amendment with the Nebraska Secretary of State. The fee for an amendment varies depending on the type of amendment and can range from $100 to $200. Make sure to check the exact fee ahead of time so you can be sure to have the correct amount ready.
3. File the Amendments with Nebraska Secretary of State
The next step is to file the amendments with the Nebraska Secretary of State. Depending on your preference you can either submit your amendments online via the Nebraska Secretary of State’s website, or in paper format. A printed form of Amendment to the Certificate can be found in the Nebraska Secretary of State’s website.
During filing, an amendment to your Certificate of Organization will have checked for name availability to ensure the new changes accurately reflect the company and the information provided. Once the updated certificate has been filed, you’ll be sent a confirmation and copy showing your changes.
Amending Nebraska LLC Certificate of Registration Against Multiple Owners
If you're amending an LLC title registration, or Articles of Organization with multiple owners/members, the process is slightly more complicated to ensure everyone is aware of these adjustments. Generally this involves scheduling a regular member LLC meeting and discussing the proposed changes in detail. Once decided, prepare Director and Unit Owner Resolutions based on the amendments. In some cases, a member may need to seek legal and professional counseling to aid in negotiations or to clarify certain legal matters.
The final step requires filing Articles of Amendment with Nebraska’s General Corporate Law Department. If all necessary steps are taken and filings are completed completely up to today, typically legal objections are easily resolved, allowing faster turnaround times.
Conclusion
Making alterations or adding updates to a limited liability company can be necessary for Nebraska businesses. When the time for change approaches, be meticulous to check and follow practices outlined by the Nebraska Secretary of State. Under most circumstances, alterations will not be turned down unless impropriety is discovered or important LLC property will be transferred. Most significantly, don't hesitate to contact a legal professional if you run into roadblocks, construe legal policy, or have questions about the LLC amendment process.
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