Every state that allows LLCs requires the same basic filing to bring one into existence, and almost every guide calls it “articles of organization.” That’s the correct term in most states, but not all of them. Eight states use a different official name for the identical filing, which means the form you’re looking for on your state’s website might not use the phrase you searched for at all.
Here’s what articles of organization actually cover, which states call the filing something else entirely, what it costs, and the one add-on requirement that catches new LLC owners in New York specifically.
What goes into the filing
Requirements vary slightly by state, but most articles of organization ask for the same core information: the LLC’s name (which has to include an identifier like “LLC” and can’t duplicate an existing business name in the state), the principal office address, and the name and address of the registered agent who will receive legal notices on the LLC’s behalf. If you haven’t sorted out who that agent will be yet, our guide to what a registered agent actually does covers the physical-address rule that trips up a lot of first-time filers.
Beyond that, most states ask whether the LLC will be member-managed or manager-managed, how long the LLC is meant to exist (almost always “perpetual” unless you’re setting up something with a fixed end date), and a signature from the person organizing the LLC. A handful of states also want a stated business purpose, sometimes as a general statement and sometimes tied to a specific NAICS code.
The document 8 states call something else
Filing this document gets described as a universal step, and functionally it is, but the name on the form isn’t universal. Alabama, Delaware, Maine, Mississippi, New Hampshire, New Jersey, Texas, and Washington all call it a certificate of formation instead of articles of organization. If you’re forming in Delaware or dealing with the filing behind our Texas franchise tax guide, the form on the state website is titled “Certificate of Formation,” not “Articles of Organization,” even though it does the same job.
A second group of states, Connecticut, Idaho, Iowa, Massachusetts, Pennsylvania, and Utah, collects the same information through what the state calls an “LLC application,” which produces a certificate of organization once it’s approved. The outcome is identical everywhere: the state reviews the filing, and once it’s accepted, the LLC legally exists. Only the label on the form changes.
What it costs
The filing fee is where states actually differ, not just in name. Montana charges $35, the lowest in the country, for the same one-page filing that costs $500 in Massachusetts, the highest. Most states land somewhere between $50 and $200. We’ve published the current fee for several popular formation states, including Wyoming and Florida, since the number that actually matters is the one for the state you’re filing in, not a national average.
The extra step New York adds after approval
In most states, once the articles of organization (or certificate of formation) are approved, the LLC is fully formed and nothing else is required to keep the entity itself valid. New York is the exception. Within 120 days of the filing taking effect, New York requires the LLC to publish a formation notice in two newspapers picked by the county clerk, one that prints daily and one that prints weekly, once a week for six straight weeks. After that runs, you file a Certificate of Publication with a $50 fee to the Department of State.
Newspaper rates vary a lot by county, with New York County running the most expensive in the state. Skipping the requirement doesn’t dissolve the LLC, but it does suspend its authority to do business in New York until publication is completed, which means no certificate of good standing and no ability to bring a lawsuit in state court in the meantime. It’s fixable retroactively once you comply, but it’s a step a generic “how to file articles of organization” guide won’t mention unless it’s written with New York specifically in mind.
What it isn’t
Articles of organization is a public filing that creates the LLC in the eyes of the state. It isn’t the same thing as an operating agreement, which is a private, internal document spelling out how the LLC actually runs: ownership percentages, how profits get split, what happens if a member leaves. Most states don’t require an operating agreement at all, and the ones that do generally don’t ask you to file it with anyone. Our guide to LLC operating agreements covers what’s actually required to put in writing versus what formation services tend to exaggerate to sell you a template.
Frequently asked questions
Are articles of organization the same as an operating agreement?
No. Articles of organization is filed with the state and becomes part of the public record, creating the LLC. An operating agreement is a private document between members that isn’t filed anywhere in most states and covers how the business is actually managed day to day.
How much do articles of organization cost to file?
Anywhere from $35 to $500 depending on the state, with most states charging between $50 and $200. Montana has the lowest filing fee in the country and Massachusetts has the highest.
What is the document called if my state doesn’t use “articles of organization”?
Eight states, Alabama, Delaware, Maine, Mississippi, New Hampshire, New Jersey, Texas, and Washington, call it a certificate of formation. Six more, Connecticut, Idaho, Iowa, Massachusetts, Pennsylvania, and Utah, issue a certificate of organization after you file what the state calls an LLC application. The content and function are the same everywhere; only the label changes.
Do I need a lawyer to file articles of organization?
Most people file it themselves directly through the state’s Secretary of State website. The form is short, and the required information (name, address, registered agent, management structure) is information you already have. A lawyer becomes more useful for what comes after formation, like drafting an operating agreement for a multi-member LLC with an unusual profit-split arrangement.
