In the District of Columbia, as with any other state or territory in the U.S., businesses that are incorporated have articles of incorporation that lay out the basic legal structure of their organization. However, sometimes these articles need to be changed or amended due to various reasons. In this article, we will take you through the process of amending the articles of incorporation for a business in the District of Columbia.
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What are Articles of Incorporation?
Before we jump right into the process of amending the articles of incorporation, let's define what the articles actually are. In simplest terms, articles of incorporation are a legal filing that forms a corporation in the state of Columbia through the approval of the DC Secretary of State. The articles typically contain information such as the corporation's name, address, purpose, structure, and any other pertinent details. Once these articles are submitted and approved, the incorporated business becomes a legal entity.
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Reasons for Amending Articles of Incorporation
Companies may have various reasons for wanting to amend their articles of incorporation. Here are some common scenarios why:
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- Changing the name of the company
- Adding or removing a registered agent
- Appointing new board of directors
- Changing the company ownership structure
- Changing Articles regarding dividends
- Altering the registered office address
- Adding or removing provisions
Knowing the exact reason for the amendment will help to ensure that the process is done accurately and efficiently.
Step-By-Step Guide for Amending Articles of Incorporation
Before beginning the amendment process, a few things must be in order.
Firstly, it is vital to refer to the corporation's existing articles of incorporation to, and ascertain what changes need to be amended.
**Step 1: Create the Amendment**
After reviewing the current articles, the business will need to create an amendment that specifies exactly what changes are necessary to the existing articles. It should contain:
- Language stating the CEO or a corporate authority has authorized the change of language
- Details of each amendment clause
- The language and inclusion of new clauses cannot contradict terms of current articles.
The amendment should be clearly worded and as specific as possible. Once it is created, it must be signed by an authorized representative of the business.
**Step 2: File the Amendment**
Next, the amendment needs to be filed with the DC Department of Consumer and Regulatory Affairs. They require certain forms that must be accurately submitted for processing payment for the approved service fee ($150)
The DC Secretary of State may elect to waive the Article amendment fee if the initial filing of your company included articles which contain supplemental information. **It typically takes the DCCA Division up to 10 business days after processing the documents to approve this type of filing.**
**Step 3: Get the New Articles**
Finally, the organization must receive an updated copy of their articles of incorporation reflecting the change. When the amended articles of incorporation get approved, a document will be issued declaring the DCRA has made modifications to the entity's articles
Conclusion
As a legally recognized entity in the District of Columbia, the articles of incorporation lay out the framework for many aspects of a business. However, even established company's evolve over time , therefore cases may arise when amendments to these articles are needed. By following, the steps outlined abobe in this guide, if necessitated, the process of amending articles will be much easier to manage.
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