certificate of formation

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A certificate of formation is a legal document that must be filed to legally create a limited liability company (LLC); it serves the purpose of proving the company’s establishment, and contains all information about the formation of the company. Each state has its own requirements for forming a limited liability company. In some states, it is filed with the Secretary of State.

A certificate of formation is also known as the articles of organization, and most states do require it. Connecticut, Idaho, Iowa, Massachusetts, Pennsylvania, and Utah require an LLC application as a certificate of organization. Alabama, Delaware, Maine, Mississippi, New Hampshire, New Jersey, Texas, and Washington require an LLC application as a certificate of formation.

[Last updated in July of 2022 by the Wex Definitions Team]