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Although similar in function in that they govern the internal affairs of a business entity, bylaws and operating agreements are two different things. The obvious difference is that bylaws apply to corporations, while an operating agreement applies to LLCs.
You must be able to provide the following to file your Articles of Incorporation: Corporation name and mailing address. Registered agent name and address. Duration of incorporation. Nature of the business. Number of shares and type issued. Powers of Incorporation designations. Signature and date lines.
Bylaws are internal governing documents for corporations, while an operating agreement lays out internal operating procedures for an LLC.
Broadly, articles of incorporation should include the company's name, type of corporate structure, and number and type of authorized shares. Bylaws work in conjunction with the articles of incorporation to form the legal backbone of the business.
The Articles of Organization are state mandated and therefore are required by law while Operating Agreements are typically not required by law. The Operating Agreement aids in the wrap up of the LLC while the Articles of Organization will not since they are made to just establish the business.
What Are Articles of Incorporation? Filing Articles of Incorporation with the state agency (usually the secretary of state) is the first step in forming a corporation. The Articles of Association, also known as Certificate of Incorporation in some states, are the charter to create a corporation.
Business incorporation creates a separate legal entity for your business. You may still be the owner, but by choosing this legal structure you can attain clear financial and tax-related benefits for your organization. When you incorporate your business, you choose one of several legal structures to operate under.
The articles of incorporation and articles of organization are actually very similar filings and they really only have one main difference: Articles of incorporation are for companies looking to form a corporation, while articles of organization are for limited liability companies (LLCs).
Differences Between Bylaws and Articles of Incorporation The Articles of Incorporation include general details about the corporation; the state usually stipulates the particulars you must include in the articles. The bylaws, on the other hand, spell out the detailed rules and procedures for managing the corporation.
What must be included in articles of incorporation? the corporation's name and business address. the number of authorized shares and the par value (if any) of the shares. the name and address of the in-state registered agent. the names and addresses of its incorporators.