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  4. LLC Articles of Incorporation

LLC Articles of Incorporation

Jennifer Reuting Author

By Jennifer Reuting, author of Limited Liability Companies for Dummies™

Question:

Do all managers' names and addresses need to be on the Articles of Incorporation or just the registered agent's? In addition, why is it better to have a registered agent outside the LLC?

Answer:

Depending on the state, you will generally have to state whether or not your LLC is manager-managed or member-managed and will have to list either the initial manager or member (respectively) in the Articles of Organization. Keep in mind though that this information can easily be changed later on.

As for the second question, I get asked about this ALL the time. Your registered agent is where all of your company's service of process and state filings will be sent. Generally, registered agents have very specific state-imposed responsibilities such as the "regular business hours " they need to maintain and strict record-keeping requirements. If you don't comply with these then you could face serious repercussions. For example, if you decide to go on a business trip and there is no one at your office during the required business hours to receive service of process then you could theoretically lose the lawsuit by default and spend thousands of dollars getting a judgment reversed assuming you can get it reversed at all!

Additionally, a good registered agent will make sure you stay current on your state filings and forward government-related mail to you. MyLLC.com only charges $99 per year for registered agent service and, in my opinion, the cost is well worth the peace of mind whether you use MyLLC.com or someone else!

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Disclaimer: This information is made available by MyLLC.com, Inc. (the "Company"), and is intended for educational purposes only, and it is not legal or tax advice. No action should be taken in reliance on any information in or on this site without verification with legal or tax counsel, after review of the facts and current law, that the action to be taken is appropriate under the circumstance. Except as expressly provided to the contrary in writing by the Company, the materials contained on this site are provided on an "as-is" basis without warranties of any kind, either express or implied. Company disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials on and in the site. Company does not represent or warrant that materials on and in the site are accurate, complete, reliable, current or error-free.
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