What is A Utah Amendment?
Utah businesses have to report to the state any major changes in the organization. Doing this requires the filing of the proper paperwork. If the changes that your company wants to make are originally listed on the Articles of Incorporation/Organization, you will have to file an amendment with the state.
Reasons Why You Need To File An Amendment
The state requires the filing of an amendment for a variety of reasons. Generally, if your Utah company makes changes that will affect the structure of the business entity, it has to file an amendment.
A. Changing The Company Name –
- LLCs
Sometimes, companies decide to take their businesses in a different direction. Doing this may require changing the company name. If your LLC wants to do business under a new name, it has to inform the state about its plan. Submit an amendment stating that your company wants to change its name. Once you legalize the use of the new name, you will have to update the records of your LLC with the state and government.
- Corporations
Utah corporations that choose to do business using a new name will also have to do the same thing. You have to report this decision to the state. File an amendment form. After that, change the name of your company in all its state and government records.
B. Changing Members Of The Business –
- LLCs
Utah does not allow changes to any information related to the members or managers of LLC using an amendment. Instead, you will have to file a Limited Liability Company Registration Information Change Form. It comes with a $15 processing fee.
- Corporations
Likewise, Utah corporations cannot change any information related to their officers and directors through the amendment form. You have to submit the Corporation Registration Information Change Form. The processing fee for this form is $15.
C. Changing Address Related To The Business –
- LLCs
Utah does not allow LLCs to change their business addresses using an amendment form. Instead, you will have to file the Limited Liability Company Registration Information Change Form and pay the $15 filing fee.
- Corporations
The same is true for corporations in Utah. You cannot report the change in the business address using the amendment form. You have to file the Corporation Registration Information Change Form. The processing fee for this filing is $15.
D. Changing Contact Information –
- LLCs
The state has to have a way to reach your LLC. So, if you change your Utah LLC contact information, you have to let the state know.
- Corporations
The same rule applies to corporations. If you change the contact information of your Utah company, you have to report it to the state. Doing this will ensure that your corporation is accessible for any legal queries.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – Utah LLCs cannot issue stock. They do not have to worry about filing an amendment for this reason. However, corporations are a different case. If your Utah corporation has authorized shares of stock, you can change the number of shares you are authorized to issue by filing an amendment.
What Is Needed To File An Amendment?
LLC
Utah LLCs have to file a completed Articles of Amendment to Articles of Organization form with the Division of Corporations and Commercial Code. You can submit by fax, mail, or in person. If you choose to fax the document, you will need to attach a Fax Cover Letter. The filing of an amendment comes with a $37 fee.
Corporation
Meanwhile, Utah corporations have to submit a completed Articles of Amendment to Articles of Incorporation form to the Division of Corporations and Commercial Code. You can file in person, by mail, or fax. If you fax the completed form, make sure you attach a Fax Cover Letter. You also need to send money for the filing fee, which may either be $37 or $17 depending on the type.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. 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 Utah business owners who need help in handling formalities to ensure compliance with the state.
Utah Amendment FAQs
Filing an amendment in Utah costs $37 for LLCs and for-profit corporations. Non-profit corporations have to pay $17. If you want faster processing, you have to pay an additional $75.
LLCs have to provide the following information:
- Name of the company
- Exact text of each amendment
- The date you filed the Certificate of Organization
- Authorized signature
Corporations have to provide the following information:
- Name of the company
- Exact text of each amendment
- Adoption date
- Manner of adoption
- Authorized signature
The Division of Corporations and Commercial Code normally takes 5-7 business days to process an amendment. If you pay for the expedited processing service, they will finish processing your documents within 48 hours.
The Division of Corporations and Commercial Code will mail an acknowledgment of the processing of your company’s amendment to the registered agent. But, if you file 2 copies and include a return envelope, they will send it to the return address.
Utah Business Resources:
Utah Office of Secretary of State
Phone Number:
(801) 530-4849
Address:
Utah Department of Commerce
160 East 300 South, 2nd Floor Box 146705
Salt Lake City, UT 84114-6705