LLC guide · Keep it running
How to amend an LLC, from a new name to new members.
Businesses change. When the details on your state record change, an amendment brings the record up to date. Some changes need a filing, some only need your operating agreement updated.
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The short version
- Changes to what's in your articles are made with an amendment.
- Registered agent and address changes often have their own simpler form.
- Update your operating agreement whenever ownership or management changes.
- After a name change, tell the IRS, your bank, and your licensing agencies.
Changes that need a state filing
File an amendment when something in your articles of organization changes, such as:
- The LLC's name.
- Management structure, from member-managed to manager-managed or back.
- Members or managers, in states that list them.
- The business purpose or duration, where your articles state one.
- A mistake in the original filing.
How to file an amendment
- 1
Approve the change
Follow the vote your operating agreement requires, and record it in writing.
- 2
File with the state
Usually called articles or a certificate of amendment, with a filing fee.
- 3
Update your records
Keep the filed amendment with your articles and update the operating agreement.
- 4
Update other states
If the LLC is registered as a foreign LLC elsewhere, amend those registrations too.
After a name change
The state filing changes the legal name. Then tell everyone else:
- The IRS, in writing. The EIN stays the same.
- Your bank, so accounts and checks match the new name.
- Licensing agencies, your sales tax account, and any DBA filings.
- Clients, vendors, contracts, insurance, and your website and marketing.
Adding or removing members
Ownership changes happen mainly inside the operating agreement: who owns what, how it was paid for, and the new voting rules. Update state records only if your state lists members.
Tax treatment can change too. A single-member LLC that adds a member becomes a partnership for tax purposes by default and generally needs a new EIN. A change in the person responsible for the LLC is reported to the IRS on Form 8822-B within 60 days.
This guide is general information, not legal or tax advice. Rules differ by state and change over time, so check your state's official website or a licensed professional before you act. YaH Brands is not a law firm or an accounting firm.
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Keep reading
All LLC guides- Set it up6 min read
Naming your LLC
LLC naming rules, restricted words, how to check availability, reserving a name, DBAs, and why a state filing is not a trademark.
Read the guide - Set it up6 min read
Operating agreement
What an LLC operating agreement does, whether your state requires one, what to put in it, and why single-member LLCs should have one too.
Read the guide - Set it up5 min read
Articles of organization
What articles of organization are, what goes on them, what they are called in different states, how to file, and why filings get rejected.
Read the guide
Common questions
No. A name change keeps the same EIN. You notify the IRS in writing.
Yes. File your state's change of registered agent form, or update it on the annual report where allowed.
No. An amendment changes the LLC's legal name. A DBA adds a trade name while the legal name stays the same.
