Articles of Organization in Wisconsin | How to File in 2024

by
File Articles of Organization in Wisconsin

Forming a Limited Liability Company (LLC) in Wisconsin 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 Wisconsin Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in Wisconsin.

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 Wisconsin

What is Articles of Organization?

Articles of Organization is a legal document filed with the Wisconsin 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 Wisconsin, 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 Wisconsin?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your Wisconsin 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, Wisconsin Department of Financial Institutions, usually available on the Wisconsin 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 Wisconsin 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 Wisconsin Registered Agent Services.

LLC Service

Rating & Pricing

Top Features

Learn More

#1 Recommendation

$299 Per Year

  • Free LLC Formation

  • RA service in all states

  • Legal consultation

Learn More

$125 Per Year

  • Flat price for RA service

  • LLC formation package

  • Fast service

Learn More

Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Wisconsin LLC. While the specific requirements in Wisconsin, 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 Wisconsin, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the Wisconsin 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 Wisconsin Secretary of State. The submission process may vary depending on the method of choice; Wisconsin 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 Wisconsin Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the Wisconsin 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 Wisconsin 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 Wisconsin LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to State of WI – Dept. of Financial Institutions, P.O. Box 93348, Milwaukee, WI 53293.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Wisconsin, the Articles of Organization fee costs around $130 which you can pay in the Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin, 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 Wisconsin Department of Revenue.

In terms of franchise tax for your LLC in Wisconsin, there is No franchise tax. Consult your Wisconsin Department of Revenue 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 Wisconsin, paying required fees every 1 year, and keeping accurate records of your LLC’s activities. Stay informed about Wisconsin specific requirements to ensure your LLC remains in good standing.

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

Yes, the Articles of Organization is necessary to be filed with Wisconsin 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 Wisconsin.

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 Wisconsin 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 a limited liability company (LLC) in Wisconsin?
An LLC is a type of business structure that offers the owners (also known as members) limited personal liability for the company’s debts and obligations in Wisconsin.
How do I file the LLC Articles of Organization in Wisconsin?
You can file the Articles of Organization by mail, online, or in-person at the Wisconsin Department of Financial Institutions.
What is the cost to file LLC Articles of Organization in Wisconsin?
The fee to file the Articles of Organization online in Wisconsin is $130. The fee to file by mail is $170.
Do I need to obtain a Wisconsin LLC Registered Agent service and what is it for?
Yes, Wisconsin requires an LLC to have a registered agent that is authorized to do business in the state. The registered agent represents the company and accepts service of process on behalf of the LLC.
What information is required in the LLC Articles of Organization filing in Wisconsin?
Basic information about the LLC, its members, and registered agent must be included in the filing. This usually includes the company’s name, business address, and purpose.
Can I include a DBA name in my Articles of Organization filing in Wisconsin?
Yes, a Wisconsin LLC can include a fictitious name, also known as a DBA (doing business as), in their Articles of Organization.
How long does it take to file LLC Articles of Organization in Wisconsin?
The filing process and approval time for LLC Articles of Organization in Wisconsin can take anywhere from two to seven business days.
Do I have to file annual reports in Wisconsin for my LLC?
Yes, Wisconsin LLCs must file an annual report with the state Department of Financial Institutions. The current annual report fee is $25 online and $40 by mail.
How many members are required to form an LLC in Wisconsin?
A single member can form an LLC in Wisconsin.
Can a foreign LLC register in Wisconsin?
Yes, a foreign LLC can register in Wisconsin by filing an Application for Registration form and appointing a registered agent authorized to do business in the state.
Can a non-US resident form an LLC in Wisconsin?
Yes, a non-US resident can form an LLC in Wisconsin as long as they have a registered agent authorized to do business in the state.
What is the operating agreement for an LLC in Wisconsin?
An operating agreement is a legal document that outlines the ownership and operating procedures of an LLC in Wisconsin. It is not required by law, but strongly recommended.
How long does an LLC remain effective in Wisconsin?
An LLC in Wisconsin remains effective until it is legally dissolved, merged, or withdrawn.
What is an EIN number and how do I get one for my Wisconsin LLC?
An EIN (Employer Identification Number) is a unique identification number assigned by the IRS to businesses operating in the US. To obtain an EIN for a Wisconsin LLC, you can apply online on the IRS website or by mail.
What is the Statutory Agent Services offered by Wisconsin Incorporation Solutions, LLC?
The Statutory Agent Services provided by Wisconsin Incorporation Solutions, LLC, are optional but recommended for LLCs in need of a registered agent to receive official communications from the state and other legal entities.
Can I file Articles of Organization for my LLC in Wisconsin without a mobile phone number?
The Wisconsin Department of Financial Institutions requires filers to provide a valid mobile phone number in their contact information.
Is an LLC required to have a board of directors in Wisconsin?
LLCs are not required to have a board of directors in Wisconsin. However, an LLC can choose to have officers, managers, and members who will act and make decisions on behalf of the LLC.
Can an LLC register at a PO Box address in Wisconsin?
No, an LLC cannot use a PO Box address as its business address or registered agent address in Wisconsin.
What are the Articles of Organization, and are they the same as an LLC operating agreement in Wisconsin?
Articles of Organization are documents filed with the state to form an LLC, outlining the business address, LLC name, and member information. Operating agreements, while they can be filed with the state, are internal documents outlining member rights, LLC operations, and obligations.
Can I file my LLC’s annual report online in Wisconsin?
Yes, you can file your LLC’s annual report online via the Wisconsin Department of Financial Institutions website.
What is a Certificate of Organization, and do I need to file one for my Wisconsin LLC?
A Certificate of Organization is another name for Articles of Organization that serves as proof of the formation of an LLC in Wisconsin.
Can I change the name of my LLC after it has been formed in Wisconsin?
Yes, you can file an amendment to change the LLC’s name with the Wisconsin Department of Financial Institutions.
Can I get a certified copy of my LLC’s Articles of Organization from the State of Wisconsin?
Yes, we can order certified copies of Articles of Organization by contacting the Wisconsin Department of Financial Institutions by email or postal mail.
Is there a late fee for filing an annual report for my LLC in Wisconsin?
Yes, there is a late fee of $40 for failing to file an annual report on time in Wisconsin.
What is the Wisconsin LLC statute that governs LLC structure and operations?
LLCs in Wisconsin are governed by Wisconsin Statutes § 183.
Is it possible for an LLC in Wisconsin to receive a refund on the fee for filing the Articles of Organization?
No, the fee to file the Articles of Organization is non-refundable in Wisconsin.
Can an LLC in Wisconsin appoint more than one registered agent?
Yes, an LLC can appoint multiple registered agents in Wisconsin. Its Registered Agent must be a Wisconsin resident or entity registered under Wisconsin business law.
Are LLCs required to obtain business licenses in Wisconsin?
Depending on professional circumstances and the nature of the business, licenses or permits may be needed based on requirements of the State of Wisconsin agencies.
How long does it take to receive an EIN for my Wisconsin LLC after applying online?
The IRS typically issues an EIN to LLC business Owners after applying online within only several business days.
How can I file an LLC Articles of Organization in Wisconsin?
You can file your LLC Articles of Organization by mail, in-person, or online through the Wisconsin Department of Financial Institutions’ website.
What is the filing fee for submitting LLC Articles of Organization in Wisconsin?
The filing fee for LLC Articles of Organization in Wisconsin is $130.
Is it necessary to have a registered agent before filing LLC Articles of Organization in Wisconsin?
Yes, as per the Wisconsin LLC law, an LLC is required to appoint a registered agent for its service of process before it files for the LLC Articles of Organization.
Is Wisconsin a good place to form an LLC?
Yes, Wisconsin is a great place to form an LLC due to its flexible regulations and protections, affordable fees, and banking advantages.
How long does it take to review and approve LLC Articles of Organization in Wisconsin?
Generally, it takes around ten business days for the Wisconsin Department of Financial Institutions to review and approve the LLC Articles of Organization.
What are the minimum requirements for filing LLC Articles of Organization in Wisconsin?
You need to provide information pertaining to the LLC’s name, membership, registered agent, the intended duration of the LLC, purpose, and address for its principal office.
Can I file LLC Articles of Organization electronically in Wisconsin?
Yes, Wisconsin does allow for electronic filing of LLC Articles of Organization through an online platform called “Wisconsin Department of Financial Institutions.”
Can I keep the business information confidential in Wisconsin LLC formation?
Yes, Wisconsin offers privacy protection by enabling non-disclosure of members, addresses, business activities, etc., in the Articles of Organization using whitelisting.
Is it mandatory to give a specific business purpose while filing LLC Articles of Organization in Wisconsin?
No, Wisconsin doesn’t mandate the clause to mention services/products you offer.
Can I reserve a business name first before filing Articles of Organization in Wisconsin?
Yes, it is possible to do so for up to 120 days through the Wisconsin Department of Financial Institutions.
Are there any post-filing LLC registration requirements in Wisconsin?
Wisconsin LLC laws mandate a registered office and an authorized returning address from where legal process papers can be received.
Is a foreign LLC required to register in Wisconsin to conduct business there?
Yes, a foreign LLC seeking to conduct business in Wisconsin may file a Foreign (900) Registration Statement under Wisconsin law.
Are there any discounts for filing articles of organization?
No, there are no discounts provided for Wisconsin LLC Article of Organization filings.
What is meant by ‘domestic LLC’ in Wisconsin?
A domestic LLC means it’s registered under Wisconsin LLC laws and regulations.
Can foreign types of legal entities form an LLC in Wisconsin?
Yes, any legal entity can form LLC only if it’s properly registered as a foreign entity in Wisconsin.
Are legal documents such as the Articles of Organization legally required to be in English in Wisconsin?
Yes, official Wisconsin State forms must be in English.
Can anyone order a copy of filed LLC Articles of Organization in Wisconsin?
Yes, because transparency is very important whenever legal documents are shared. Wisconsin provides that a copy of the LLC Articles of Organization can be acquired by anyone.
Do I need an attorney to file LLC Articles of Organization in Wisconsin?
No, you don’t need an attorney to file LLC Articles of Organization in Wisconsin, but assistance from an attorney can shed better light and guidance on legal topics.
Is single-member LLC formation different from multi-person LLC formation in Wisconsin?
The process of filing Articles of Organization is the same- the only difference is the number of initial members and the concerned provisions aimed at them.
Are there penalties for a delayed or missed filing in Wisconsin?
There are some fees associated with late filings after ten days of the documents’ effectivity date, which is around $5 per day fine for the month post the effective date.
How old do I need to be to form an LLC in Wisconsin?
There is no minimum age requirement mentioned in the LLC formation law in Wisconsin.
What do I need to do after the registration process is complete in Wisconsin?
After LLC registration is complete, you will have to register with the Wisconsin Department of Revenue and IRA to take care of some local/ state taxes.
Can LLC members be held personally liable for debts in Wisconsin?
The benefit of forming an LLC is its limitations on members’ personal liability. Claimants can access only those LLC-established funds and are not subject to the loss of personal property.
Is an operating agreement legally mandatory for LLCs in Wisconsin?
Legally, you are not at risk for not having an operating agreement filed with Articles of Organization, but the guidance from one helps establish non-standard controlled LLCs along with the distribution of business addresses.
How long is the time validity of the filing of the LLC articles of organization in Wisconsin?
Technically, forever, as it is an official government filing and serves as acceptable evidence of the creation of a named company.
Will Wisconsin notify me once my registration is complete?
The DFI will recognize your submission automatically, and after review will approve, then send a conclusive acknowledgment letter via your preferred substantial medium Mail, Electronic Fax.
How will I know when my approved LLC Article of Organization will expire in Wisconsin?
Your business creation-in evidence won’t retain any specific validity period, it would reflect an indefinite cutout.
Can a single business name be reserved for more than one entity?
As per LLC Acts, reservations have idiosyncratic validity for consecutive 120 days, permitting to reserve only one name registration per application. Moreover, each separate registration request requires a different fee.
Can a mail-in process be paid with cash?
No, in Wisconsin, cash is not acceptable as a medium of exchange; payment charges processing deadlines may be further noted on the DOF website through several other options, and prior designated door over the counter.

Also Read

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

One of the primary reasons you may need to change your Articles of Organization is to reflect any changes in your business structure or operations. For example, if you decide to take on new members or change ownership percentages, you will need to update your articles to reflect these changes. Additionally, if you want to amend the purpose of your business or add new business activities, you will need to make these modifications in your articles.

Fortunately, the process of changing your Wisconsin LLC Articles of Organization is relatively straightforward. First, you will need to draft an amendment to your articles detailing the changes you want to make. This document must be approved by a majority vote of the members of the LLC. Once the amendment is approved, you will need to file it with the Wisconsin Department of Financial Institutions.

It’s important to note that there may be specific requirements and procedures for amending your Articles of Organization outlined in your LLC’s operating agreement. It’s crucial to review these documents carefully to ensure you are following all necessary steps.

Changing your Articles of Organization can have financial implications as well. Depending on the changes you are making, you may incur filing fees with the state of Wisconsin. It’s important to factor in these costs when considering amendments to your articles.

In addition to changing your Articles of Organization, you may also need to file annual reports with the Wisconsin Department of Financial Institutions to keep your business information current. These reports help ensure that the state has accurate information about your business and is crucial for maintaining your LLC’s good standing.

As your business grows and evolves, it’s essential to regularly review and update your Articles of Organization to ensure they accurately reflect your business activities and structure. By staying proactive and making necessary changes in a timely manner, you can avoid potential conflicts or issues down the road.

In conclusion, the ability to change or modify your Wisconsin LLC Articles of Organization is a fundamental aspect of running a successful business. By understanding the process of amending your articles, staying up to date on any necessary changes, and following the proper procedures, you can ensure that your LLC remains compliant and in good standing with the state of Wisconsin.

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.

Leave a Comment