Articles of Incorporation are the legal documents that establish a corporation as a legal entity. These documents are filed with the Secretary of State in the state where the business is formed. Once approved, your articles of incorporation become the governing document that outlines the operations, powers, management structure, and ownership of your business.
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In Washington, just like any other state, it is common for businesses to need to amend their articles of incorporation to reflect changes in their business structure or to avail of certain benefits. Such amendments could be as minor as changing an address or as significant as revising the bylaws of the corporation.
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Here's a step-by-step guide on how to amend your Washington Articles of Incorporation:
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Step 1: Determine the Need for Amendment
Decide why the Articles of Incorporation need to be amended, whether it's because you need to to change any basic and important details such as the corporation's legal name, shareholders' name, authorized shares, addresses, office locations, or amend the bylaws to change the organizational structure governance decision-making.
Step 2: Hold a Board Meeting
If there is a need for change reached by the stakeholders and the board of directors/members agrees to amend the articles of incorporation, the board must call an official meeting before move on to the next steps. During this meeting, directors or members must have a formal vote taken to initiate the amendment process, propose specific changes desired, and pass a constitutional resolution stating that everything related to implementation is in your knowledge and controls.
Step 3: Prepare Amendment Articles
Once approved in the meeting, formulate an Amendment in accordance with the business's needs, you can prepare draft and do several propositions to get clear ideas about what will you be doing to edit or alter. Make sure the proposed changes are legal and well-written. Some amendments, such as those that seek to extend the term of the corporation or alter membership rights, will require detailed clauses. Therefore, it's advisable to seek legal assistance or help from incorporation companies like Harvard Business Services to provide you amendment articles' help and skip the heavy lifting out of your way.
Step 4: File with the State
After arranging a rough draft and ensuring there are no errors in the language or other unintentional confusion, file the "Certificate of Amendment" with the Washington Secretary of State into the Business Entities Division sharing full details of amended articles (updates/proposals, proposed by whom, date, etc.). Updating articles can represent additional charges from the state's Secretary of State depending upon the sort of amendment being made for confirmation filings (your attorney should advise), which can be calculated using the fee tables posted on the state's Secretary of State website.
Step 5: Receive Approval
The Washington Secretary of State will do a thorough review of your amendment articles, and if approved, will grant you a certificate of amendment. Your numbered and updated articles of incorporation and bylaws ensuring everything mentioned in amendment, including changes to shares, registered agents, company name, etc., at a consistent place within both bylaws and articles must interrelate. A company can then move forward with its newly amended articles in place and begin operational proceedings accordingly.
Conclusion
Amending your Washington Articles of Incorporation should not be a daunting process, but it must be careful and ethical. As an owner, leader or director, be sure to evaluate all of your options before making any decisions. It's essential to make sure everything is legally binding on your end to run the business legally along with informed decision-making, labeling, and proper documentation. Always seek trusted advice and support surrounding the documentation and consulting an attorney or incorporating entities is highly treasured.
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