What paperwork is needed to start a corporation?

If your business is a sole proprietorship or general partnership, called a co-partnership in Michigan, register your business name with the county clerk's office. There are two types of name registrations at the county level: assumed name and co-partnership name.

US Legal Forms
Forms Catalog
Liens
Michigan Sworn Statement - Corporation or LLC

Michigan Sworn Statement - Corporation or LLC

Q: How do I find a company&#039;s articles of incorporation?

In many instances, the Secretary of State&#039;s office allows businesses to request a copy of their articles of incorporation by phone, or in person. In some instances, a request for copies of incorporation may be initiated by fax, email, or by writing the Secretary of State or Department of State&#039;s office.

State:

Category:

Liens - Construction - Mechanics

Control #:

MI-05A-09

Format:

79 downloads

Understanding this form

The Sworn Statement for Corporations or LLCs is a legal document governed by Michigan law. This form serves to provide a detailed accounting of subcontractors and suppliers involved in a construction project. It is particularly crucial when a contractor seeks payment from an owner or lessee, or when the owner demands proof of payment obligations related to construction work. The key differentiator of this form is that it ensures transparency regarding financial obligations, detailing who is owed money for labor and materials.

Form components explained

Identification of the contractor or subcontractor responsible for the improvement.
Listing of subcontractors, suppliers, and laborers owed payment along with their contact information.
Detailed breakdown of amounts owed, including total contract price, payments made, and remaining balances.
Declaration of any claims of construction liens associated with the property.
Space for notarization to validate the statement.

Sworn Statement - Individual

View this form

Affidavit of Solvency

View this form

Operating Agreement

View this form

Restated Limited Liability Company Agreement of LLC

View this form

When to use this document

This form should be used when a contractor is seeking payment for their services or materials provided to a construction project. It can also be utilized to fulfill a demand from the owner or lessee for documenting payment obligations. Additionally, it is applicable when submitting an accounting of financial obligations for labor and materials on residential or commercial properties in Michigan.

Who can use this document

This form is intended for:

Contractors and subcontractors working on construction projects in Michigan.
Corporations or LLCs involved in building improvements.
Owners or lessees of properties who need to verify payment statuses for subcontractors and suppliers.

How to complete this form

To complete this form, follow these steps:

Identify the contractor or subcontractor, including their corporation name and title.
Specify the property and include the legal description of the site.
List all subcontractors, suppliers, and laborers, including their contact details and amounts owed.
Ensure that any claims of construction liens are accurately stated.
Sign the document before a notary to validate the sworn statement.

Does this document require notarization?

Yes, this form must be notarized to be legally valid. US Legal Forms offers integrated online notarization services that are available 24/7. This process is secure and convenient, allowing you to complete the notarization via a video call without the need to travel.

Built-in online Word editor

Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Export easily

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

E-sign your document

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

Notarize online 24/7

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Store your document securely

We protect your documents and personal data by following strict security and privacy standards.

Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Common mistakes

Failing to list all subcontractors or suppliers accurately.
Not including the legal description of the property.
Forgetting to notify relevant subcontractors about the sworn statement after submission.
Neglecting to have the form notarized when required.

Why use this form online

Convenient online access for easy form downloads at any time.
Editable templates that allow customization according to specific project details.
Reliability from templates drafted by licensed attorneys ensuring legal compliance.

Summary of main points

The Sworn Statement for Corporations or LLCs is essential for documenting payment obligations in construction projects.
Proper completion and notarization of the form are critical for legal compliance in Michigan.
Using this form can help avoid potential construction lien claims by ensuring transparency with all parties involved.

Looking for another form?

This field is required

Construction Lien Mechanics Lien Lien Waiver Release of Lien Pre-Lien Notice

Mediation Agreement between Private Parties

View this form

Complaint or Petition for Injunctive Relie...

View this form

Form popularity

FAQ

Contact the Michigan Department of Licensing and Regulatory Affairs for copies, certificates, or general information. Lansing, Michigan 48909-7554.

Choose a Name for Your LLC. Appoint a Registered Agent. File Articles of Organization. Prepare an Operating Agreement. Comply With Other Tax and Regulatory Requirements. File Annual Statements.

If your business is a sole proprietorship or general partnership, called a co-partnership in Michigan, register your business name with the county clerk's office. There are two types of name registrations at the county level: assumed name and co-partnership name.

Contacting the local Secretary of State (SOS) office via Phone or Email is free and is the most reliable way to check your business name availability. Online, you can search for Michigan businesses entities for free via the Michigan Department of Licensing and Regulatory Affairs (LARA) website (click here to visit).

Choose a Corporate Name. File Articles of Incorporation. Appoint a Registered Agent. Prepare Corporate Bylaws. Appoint Directors and Hold First Board Meeting. File Annual Report. Obtain an EIN.

Contact the Michigan Department of Licensing and Regulatory Affairs for copies, certificates, or general information. Lansing, Michigan 48909-7554.

Obtain a FEIN. Register the assumed business name with the County Clerk. Obtain UIA Number. Obtain a Sales Tax License. Register your business with the Michigan Department of Treasury. Obtain all necessary permits.

In many instances, the Secretary of State's office allows businesses to request a copy of their articles of incorporation by phone, or in person. In some instances, a request for copies of incorporation may be initiated by fax, email, or by writing the Secretary of State or Department of State's office.

Choose a Business Name. Check Availability of Name. Register a DBA Name. Appoint Directors. File Your Articles of Incorporation. Write Your Corporate Bylaws. Draft a Shareholders' Agreement. Hold Initial Board of Directors Meeting.

South Dakota Insulation Contractor Package

View this form

South Dakota Paving Contractor Package

View this form

South Dakota Siding Contractor Package

View this form

South Dakota Site Work Contractor Package

View this form

South Dakota Refrigeration Contractor Package

View this form

Trusted and secure by over 3 million people of the world’s leading companies

Sworn Statement - Corporation or LLC

Note: This summary is not intended to be an all-inclusive discussion of Michigan's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every state permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their state should always consult their state statutes directly.

Who can file a lien in this state?

Michigan law permits any contractor, subcontractor, supplier, or laborer, who provides an improvement to real property to claim a lien. The value of the lien may not exceed the amount of the claimant's contract less payments made on the contract. M.S.A. Â§ 570.1107.

How long does a party have to file a lien?

A contractor, subcontractor, laborer, or supplier, must file a Claim of Lien form in the register of deeds office within ninety (90) days after the lien claimant's last furnishing of labor or material. M.S.A. Â§ 570.1111.

By what method is a lien filed in this state?

Michigan statutes provide a form with which a lien claimant may record a Claim of Lien in M.S.A. Â§ 570.1111. The required form sets out names or interested parties as well as the labor or material provided and the amount due and owed. Proof of service of a Notice of Furnishing is required to be attached to a lien claim filed by a subcontractor, supplier, or laborer. M.S.A. Â§ 570.1111

How long is a lien good for?

Proceedings for the enforcement of a construction lien may not be brought later than one (1) year after the date the claim of lien was recorded. M.S.A. Â§ 570.1117

Are liens assignable?

Yes. A lien may be assigned to another party who shall have the same power to enforce the lien and shall be subject to the same obligations. M.S.A. Â§ 570.1125.

Does this state require or provide for a notice from subcontractors and laborers to property owners?

Yes. Michigan law requires a subcontractor or supplier who provides improvements to real property to issue a Notice of Furnishing to the designee and the general contractor, if any, named in the Notice of Commencement. Service must be made by personal delivery or certified mail within twenty (20) days after furnishing the first labor or material. While failure to file a Notice of Furnishing timely does not defeat a lien claimant's right to a lien, it may affect a lien claimant's right to pursue payment for work done prior to the filing of the notice. The form used must be substantially similar to the one set out in M.S.A. Â§ 570.1109.

Also, a lien claimant must provide to the property owner who requests in writing, a statement of the amount of labor and material furnished to the date of the statement, any amount remaining due, and the contractual work remaining to be done. (Please see MI-13-09, MI-15-09). M.S.A. Â§ 570.1113(2).

Does this state require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Michigan law requires a property owner to provide a copy of the contract between the contractor and the owner, as well as a statement of the amount due and unpaid on that contract to any lien claimant who makes a written request for same. (Please see MI-12-09, MI-14-09). M.S.A. Â§ 570.1113(1).

Does this state require a notice prior to starting work, or after work has been completed?

Yes. Michigan law requires the property owner to record a Notice of Commencement in the office of the register of deeds prior to the commencement of any actual physical improvements to real property. The Notice must be posted in a conspicuous place on the property. Any party with an interest in the property may request that the owner, contractor, or subcontractor, provide them with a copy of the Notice. Failure to do so will result in the party failing to honor the request being held liable for any damages that result from the failure. Failing to record the Notice as required will extend the time under which individual lien claimants can file their Notice of Furnishing. Please note that these requirements do not apply to improvements to a residential structure. M.S.A. Â§ 570.1108.

An owner of a residential structure being improved need only supply a Notice of Commencement if a contractor, subcontractor, supplier, or laborer has made a written request. Michigan law sets out the form that must be used in M.S.A. Â§ 570.1108a.

Every Notice of Commencement should have a blank Notice of Furnishing attached. M.S.A. Â§ 570.1108a.

At the completion of work, when payment is due, the contractor is required to provide the owner with a Sworn statement which details the parties who worked on the project and how much they are still owed. Michigan statutes require the sworn statement to be substantially in the same form as provided in M.S.A. Â§ 570.1110. The property owner, after receiving the sworn statement, may withhold on his own initiative, or at the request of the contractor, an amount sufficient to pay all sums which are due to subcontractors, suppliers, or laborers. A contractor is not entitled to any payment or to file a suit to enforce his lien until the statement is filed. M.S.A. Â§ 570.1110(6)-(8).

Does this state permit a person with an interest in property to deny responsibility for improvements?

No. Michigan does not appear to have a Notice of Non Responsibility provision as in some other states.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Michigan statutes contain several versions of a waiver form. These forms are used by a contractor and delivered to the property owner as payments on the construction project are received, and in that way act as a receipt of payment. There are four waiver forms provided: Partial Unconditional, Partial Conditional, Full Unconditional, Full Conditional. All forms permit a contractor to attest in writing that either part or all of a contractor's lien claim is being waived. Further, the contractor can use the partial forms to only release part of his claim in response to a partial payment and may use the conditional forms to only waive part or all of a claim conditional upon a payment being made. M.S.A. Â§ 570.1115.

By what method does the law of this state permit the release of a lien?

Michigan statutes state that when any claim of lien has been fully paid, the lien claimant shall deliver to the owner or his representative a certificate, witnessed and acknowledged in the same manner as a discharge of mortgage, that the claim has been paid and is now discharged. M.S.A. Â§ 570.1127(1).

Also, if the time within which to enforce a lien has elapsed, any party with an interest in the property may make an affidavit to the county clerk attesting to the fact that time has elapsed. If the affidavit is on order, the clerk should issue a certificate to that effect that may be recorded rendering the lien ineffective. M.S.A. Â§ 570.1128.

Does this state permit the use of a bond to release a lien?

Yes. Michigan statutes permit a lien to be vacated and discharged if a bond in the amount of twice the lien amount is filed with the county clerk and a copy provided to the lien claimant. The bond may be either in cash or surety form. M.S.A. Â§ 570.1116.