Q: When do updated articles of formation go into effect for an LLC? when filed or received by state office?
I filed an LLC, and then realized I made a mistake, an hour later. Assuming I have to send in an amendment to the state, when does that become legally binding? When does the LLC become recognized as a multi member llc and not as a single member ? I am setting up the LLC to give some of my assets a shield against creditors or crazy lawsuits should anything ever come up. I should also point out that I have not signed any operation agreement yet. I have a new one drafted with my parents, but I am assuming I have to update both the articles of formation and the agreement, and I'm worried that the process will not be considered finalized until they process it at the state office which could be for some time (the phone line is so busy it just shuts off now).
A: The articles should be file-stamped to show the date when they received it, even if they are unable to update the web site (Sunbiz, if Florida) immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
