Articles of Organization in Oklahoma | How to File in 2024

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File Articles of Organization in Oklahoma

Forming a Limited Liability Company (LLC) in Oklahoma is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the Oklahoma Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in Oklahoma.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

How to File Articles of Organization in Oklahoma

What is Articles of Organization?

Articles of Organization is a legal document filed with the Oklahoma Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Registered Agent, and management structure. Once filed and approved by Oklahoma, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Registered Agent’s and organizers’ names and addresses
  • At least one company employee

Recommended: Filing Articles of Organization is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom – ($0 + State Fee)

How to File Articles of Organization in Oklahoma?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your Oklahoma LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.“
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, Oklahoma Secretary of State Business Entity Search , usually available on the Oklahoma Secretary of State’s website.

Step 2: Appoint a Registered Agent

Registered Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your Oklahoma LLC. Most states require LLCs to designate a Registered Agent when filing the Articles of Organization. The Registered Agent must have a physical address in the state and be available during regular business hours.

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.

You can serve as your own Registered Agent, appoint a friend or family member, or hire a professional Oklahoma Registered Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Oklahoma LLC. While the specific requirements in Oklahoma, the document includes the following information:

  • The LLC’s name
  • The name and address of the Registered Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In Oklahoma, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the Oklahoma guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the Oklahoma Secretary of State. The submission process may vary depending on the method of choice; Oklahoma allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the Oklahoma Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the Oklahoma Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the Oklahoma Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the Oklahoma LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to Oklahoma Secretary of State, 421 N.W. 13th Suite 210, Oklahoma City, OK 73103.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Oklahoma, the Articles of Organization fee costs around $100 which you can pay in the Oklahoma Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out Oklahoma LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in Oklahoma can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom – ($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in Oklahoma is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In Oklahoma, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in Oklahoma Tax Commission.

In terms of franchise tax for your LLC in Oklahoma, there is No franchise tax. Consult your Oklahoma Tax Commission and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports in Oklahoma, paying required fees every 1 year, and keeping accurate records of your LLC’s activities. Stay informed about Oklahoma specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in Oklahoma?

Yes, the Articles of Organization is necessary to be filed with Oklahoma Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Registered Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by Oklahoma.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the Oklahoma Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What is an LLC?
LLC stands for Limited Liability Company.
How do I file Articles of Organization for an LLC in Oklahoma?
You can file online or by mail with the Oklahoma Secretary of State.
How much does it cost to file LLC Articles of Organization in Oklahoma?
It will cost you $100 to file LLC Articles of Organization in Oklahoma.
Is there a form that I need to fill out to file LLC Articles of Organization in Oklahoma?
Yes. The Oklahoma Secretary of State provides a form you will need to fill out.
What information is required to file LLC Articles of Organization in Oklahoma?
You will need to provide the name and address of the LLC, the registered agent’s name and address, and information about the LLC’s management structure.
Do I need an operating agreement to file LLC Articles of Organization in Oklahoma?
No, it is not required to file Articles of Organization in Oklahoma, but it is recommended to have an operating agreement.
Can I file LLC Articles of Organization online in Oklahoma?
Yes, you can file your Articles of Organization online at the Oklahoma Secretary of State website.
Do I need a business license to file LLC Articles of Organization in Oklahoma?
You may need a business license depending on your type of business in Oklahoma, but it’s not related to filing Articles of Organization.
Can I change the name of my LLC after filing Articles of Organization in Oklahoma?
Yes, you can change your LLC name after filing Articles of Organization in Oklahoma.
How long does it take to get your LLC approved in Oklahoma?
LLC approval in Oklahoma takes about 1-2 weeks for online submissions and 4-6 weeks for mail submissions.
Can I have a single-member LLC in Oklahoma?
Yes, the Oklahoma law allows for single-member LLCs as well as multiple-member LLCs.
Can my registered agent be an out-of-state resident in Oklahoma?
No, the registered agent in your LLC must reside in Oklahoma.
Can I file LLC Articles of Organization in Oklahoma if I live in a different state?
Yes, you can file Articles of Organization in Oklahoma regardless of your state of residence.
Do I have to file annual reports for my Oklahoma LLC?
Yes, you must file an annual report for your Oklahoma LLC to maintain your LLC’s active status.
Does Oklahoma LLC law protect my personal assets from business liabilities?
Yes, the LLC structure in Oklahoma shields your personal assets from business liabilities and debts.
Can I have an LLC without forming it in Oklahoma?
No, you must form your LLC in Oklahoma if you want it to operate in the state.
How long does it take to process an LLC renewal in Oklahoma?
It takes about 1-2 weeks to process an Oklahoma LLC renewal.
Am I required to have a physical address for my LLC in Oklahoma?
Yes, you need to have a physical address for your Oklahoma LLC, and a P.O Box won’t suffice.
Can I change my LLC’s registered office address in Oklahoma?
Yes, you may change your LLC’s registered office address with the Oklahoma Secretary of State online or through paper form.
Can other members of my LLC’s management alter the Articles of the Organization instead of me in Oklahoma?
Yes, members of your LLC’s management can change the Articles of Organization in Oklahoma.
How can I retrieve a copy of the Articles of Organization for my LLC in Oklahoma?
You can retrieve a copy of your LLC Articles of Organization by searching for it on the Oklahoma Secretary of State database.
Can a foreign LLC do business in Oklahoma?
Yes, as long as your foreign LLC is authorized to do business in Oklahoma by registering with the Oklahoma Secretary of State.
Can I register my out-of-state LLC in Oklahoma online?
No, out-of-state LLC registrations must be done through mail or in-person.
Can I have more than one LLC in Oklahoma?
Yes, you can have multiple LLCs in Oklahoma.
Can a non-US resident or citizen form an LLC in Oklahoma?
Yes, non-US residents or citizens can form an LLC in Oklahoma as long as they have an Economic Alien Identification Number (EAIN) or a Taxpayer Identification Number (TIN).
What are the tax implications for forming an LLC in Oklahoma?
LLCs in Oklahoma are taxed as pass-through entities, meaning that the income is taxed at the member’s level instead of being taxed at the entity level.
Is it necessary to have an attorney for forming an LLC in Oklahoma?
No, it is not entirely necessary to have an attorney for forming an LLC in Oklahoma.
Can I change the registered agent of my LLC in Oklahoma once it has been formed?
Yes, you can update your LLC’s registered agent information online or via paper form with the Oklahoma Secretary of State.
Can I file LLC Articles of Organization in Oklahoma if I already have an LLC in a different state?
Yes, if you intend to have an Oklahoma location for your LLC, you must also file Articles of Organization in Oklahoma.
What is the cost of filing Articles of Organization for an LLC in Oklahoma?
The filing fee for Articles of Organization in Oklahoma is $100.
Can you file Articles of Organization for an LLC by mail or online in Oklahoma?
Yes, you can file Articles of Organization for an LLC in Oklahoma by mail or online.
Is a registered agent required for an LLC in Oklahoma?
Yes, every Oklahoma LLC must have a registered agent.
Can an LLC in Oklahoma have multiple members?
Yes, an LLC in Oklahoma can have multiple members.
How long does it take to process Articles of Organization for LLC in Oklahoma?
It typically takes 3-5 business days to process Articles of Organization in Oklahoma.
Can I file for an LLC in Oklahoma if I don’t live in the U.S?
Yes, you can file for an LLC in Oklahoma even if you don’t live in the U.S.
Are there any specific requirements to be a registered agent in Oklahoma?
In Oklahoma, the registered agent for an LLC must be an individual resident of Oklahoma or a corporation authorized to do business in Oklahoma.
Can an LLC operating agreement be submitted along with Articles of Organization in Oklahoma?
Yes, an LLC operating agreement can be submitted along with Articles of Organization in Oklahoma.
Is it possible to expedite the processing of Articles of Organization in Oklahoma?
Yes, it is possible to expedite the processing of Articles of Organization in Oklahoma by paying an additional fee.
Does the Oklahoma Secretary of State approve the name of an LLC during the filing of Articles of Organization?
Yes, the Oklahoma Secretary of State checks the proposed name of the LLC and approves it during the filing process.
Can the usage of a DBA be included in the Articles of Organization by an LLC in Oklahoma?
Yes, an LLC in Oklahoma can include a DBA in the Articles of Organization.
Is an Oklahoma LLC required to have an annual report?
Yes, an Oklahoma LLC must file an annual report and renewal with the Oklahoma Secretary of State.
Can an Oklahoma LLC change its name?
Yes, an Oklahoma LLC can change its name by filing an Amendment to the Articles of Organization.
Can an LLC be created in a different state for business purposes in Oklahoma?
Yes, an LLC created in another state can do business in Oklahoma, as long as it obtains a Certificate of Authority to do so.
What is the process to obtain a Certificate of Authority to do business in Oklahoma if your LLC is created in another state?
To obtain a Certificate of Authority in Oklahoma, the LLC must submit an application, pay the filing fee and provide a Certificate of Good Standing.
Can an LLC in Oklahoma be dissolved?
Yes, an LLC in Oklahoma can be dissolved by filing Articles of Dissolution with the Oklahoma Secretary of State.
Should an LLC in Oklahoma obtain an Employer Identification Number (EIN)?
Yes, an LLC in Oklahoma must obtain an EIN if it has employees or more than one member.
How does an LLC in Oklahoma obtain an EIN?
An LLC in Oklahoma can obtain an EIN by applying to the IRS.
Can a single-member LLC in Oklahoma have more than one member in the future?
Yes, a single-member LLC in Oklahoma can add additional members in the future.
What is the difference between a single-member LLC and a multi-member LLC in Oklahoma?
The main difference is the number of members in the LLC. A single-member LLC has one owner, while a multi-member LLC has two or more owners.
Can an LLC in Oklahoma be taxed as an S corporation?
Yes, an LLC in Oklahoma can elect to be taxed as an S corporation.
Does Oklahoma have any specific requirements for LLC operating agreements?
No, Oklahoma does not have any specific requirements for LLC operating agreements.
What information is required in the Articles of Organization for an LLC?
The Articles of Organization for an LLC must include the name of the LLC, the name and address of the registered agent, the purpose of the LLC and the name and address of the organizer.
Can an LLC in Oklahoma be managed by its members?
Yes, an LLC in Oklahoma can be managed by its members.
What is a Series LLC?
A Series LLC is a type of LLC in which each individual series operates as a separate entity.
Can an LLC in Oklahoma be a Series LLC?
Yes, an LLC in Oklahoma can be organized as a Series LLC.
Can an LLC in Oklahoma be converted into a Corporation?
Yes, an LLC in Oklahoma can convert into a corporation by filing Articles of Conversion with the Secretary of State.
Can members of an LLC assign their interests to others?
Yes, members of an LLC in Oklahoma can assign their interests, unless the operating agreement specifies otherwise.

Also Read

Can You Change or Modify Your Oklahoma LLC Articles of Organization?

One of the main reasons why an LLC owner may want to modify their Articles of Organization is to reflect changes in the business structure or ownership. Whether you are adding new members, changing the voting rights of existing members, or altering any other key elements of your LLC, it is essential that these changes are officially documented in the Articles of Organization. By doing so, you can ensure that your business is operating within the boundaries set forth by Oklahoma state law and that all members are clear on their roles and responsibilities within the company.

Additionally, modifying your Articles of Organization can help protect your LLC from potential legal disputes in the future. By clearly outlining the rights and obligations of each member in the Articles of Organization, you can minimize the risk of misunderstandings or disagreements down the road. This can ultimately save you time and money that would otherwise be spent resolving disputes or lawsuits within your LLC.

Another common reason for modifying the Articles of Organization is to update the contact information or registered agent for your LLC. Having accurate contact information on record is vital for ensuring that important legal documents and notifications are properly delivered to your business. Failure to update this information can result in missed deadlines or legal consequences for your LLC. By proactively updating your Articles of Organization with the most current contact information, you can avoid potential setbacks and keep your business running smoothly.

While the process of modifying your LLC’s Articles of Organization may seem complex, it is important for LLC owners to know that help is available. Consulting with a legal professional or using online resources provided by the Oklahoma Secretary of State can help guide you through the process and ensure that your modifications are properly executed. By taking the time to make these changes, you can protect your business and set it up for long-term success in the state of Oklahoma.

In conclusion, modifying your Oklahoma LLC’s Articles of Organization is a critical step in maintaining a strong legal foundation for your business. By accurately reflecting changes in ownership or structure, updating contact information, and protecting against potential disputes, LLC owners can ensure that their business is operating smoothly and within the boundaries of Oklahoma state law. While the process may require time and effort, the benefits of making these modifications far outweigh the potential risks of not doing so. By staying proactive and informed, LLC owners can navigate the process of modifying their Articles of Organization with confidence and set their business up for success in the long run.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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