What is A California Amendment?
Any major changes in your organization have to be reported to the state. You can do this by filing the proper paperwork. For items that are originally listed on the articles of your company, you will have to file for amendment.
Reasons Why You Need To File An Amendment
Company owners decide to file an amendment due to various reasons. But, in California, any changes related to the formal entity structure of businesses require the filing of an amendment.
A. Changing The Company Name –
- LLCs
There comes a time when an LLC decides to operate under a new name. The reason for this depends on the direction that the owner wants the company to follow. If you choose to do this, you have to submit an amendment with the state to let them know about your plan. Additionally, you may need to update all state and government records of your LLC.
- Corporations
California corporations may also choose to do business using a new name. This decision has to be reported to the state. File an amendment form and change the name of your company on all its state and government records.
B. Changing Members Of The Business –
- LLCs
California does not allow changes to the members or managers of LLC using an amendment. Instead, you will have to file a Statement of Information form.
- Corporations
California corporations cannot change any information on their officers and directors through the amendment form. You have to use the Statement of Information form.
C. Changing Address Related To The Business –
- LLCs
California does not allow you to make changes in your LLC office/mailing addresses using an amendment. You will have to use the Statement of Information.
- Corporations
The same is true for corporations in California. You cannot amend the office and/or mailing addresses of your company using the amendment form. The Statement of Information form will be the right one to use.
D. Changing Contact Information –
- LLCs
The state has to have a way to reach your LLC. So, if you change your California LLC contact information, you have to let the state know. The form comes with a cover sheet. Put the phone number of the contact person for your LLC.
- Corporations
The same rule applies to corporations. If you change the contact information of your company, you have to report it to the state by filing an amendment. This will ensure that your corporation remains accessible for any legal queries. The amendment form for corporations also needs a cover sheet where you are expected to write the phone number of the contact person of your company.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – LLCs cannot issue stocks. So they do not have to worry about this change. However, corporations are a different case. If your organization has issued shares of stocks, you can change the number of shares you are authorized to issue through a California amendment.
What Is Needed To File An Amendment?
LLC
Amendment of a California LLC Articles of Organization requires the filing of the Limited Liability Company Certificate of Amendment form. Fill out the form and submit it to the Secretary of State by mail or in person. All checks have to be made payable to the Secretary of State. Filing costs $30. Additionally, you have to include an additional fee if you decide to submit in person.
Corporation
If you need to amend your California corporation’s Articles of Incorporation, you will have to complete a Certificate of Amendment of Articles of Incorporation form. Submit it to the Secretary of State by mail or in person. Your checks have to be made payable to the Secretary of State. The filing fee is $30. In-person filings require separate payment for the handling fee.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of a California amendment. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to California business owners who need help in handling formalities to ensure compliance with the state.
California Amendment FAQs
Filing of an amendment comes with a $30 filing fee. If you choose an expedited process for in-person filings, you will have to pay another $15 for the special handling fee. For faster transactions, you can choose the 24-hour expedited processing for an additional $350 or the same-day processing for an additional $750.
LLCs have to provide the following information:
- Name of the company
- File number of the LLC
- The date when the amendment will take effect
- Name and signature of the authorized representative
Corporations have to provide the following information:
- Name of the company
- Exact provisions in the Articles of Incorporation that you want to amend
- Exact text of the amendment
- Statement of the board’s approval of the amendment
- Signature and verification by the president and secretary
The Secretary of State updates its current processing times on its official website. But, usually, normal processing of an amendment filing takes over 4 weeks. You can choose the expedited process for an additional fee. You can choose either the standard expedite that takes about 2 weeks, 24-hour or same-day processing.
If you submit copies with your amendment form, the Secretary of State will return an uncertified copy to the address that you listed in the form. If you want to receive additional copies, you have to attach a separate request and the payment for the copies. The cost of the copy is $1 for the first page and $.50 for every additional page. If you want certified copies, you have to pay an additional certification fee of $5 per copy.
California Business Resources
California Office of Secretary of State
Phone Number:
(916) 653-6814
Address:
California Secretary of State
1500 11th Street
Sacramento, CA 95814