Incorporating a business in Michigan is an important milestone for entrepreneurs who desire to grow their business effectively. In Michigan, to operate a corporation, it is essential to have Articles of Incorporation. However, sometimes corporations need to make changes to their Articles of Incorporation to suit their ongoing business changes and expansion. Reasons to amend can be anything from modifications to the business structure, changes in stock ownership, and other variations that could occur over time. Fortunately, the process for amending the Articles of Incorporation in Michigan is relatively simple.
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In this article, we have explained how to amend the Michigan Articles of Incorporation.
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Before Amending the Articles of Incorporation
Before filing Articles of Amendment in Michigan, the Corporation's bylaws or statute must provide for such a amendment. Therefore, following these simple steps before the amendment process can make it a breeze.
**Step 1: Check if corrections can be made:**
If the error in the Articles of Incorporation is typographical, spelling mistakes, or immaterial, the corporation can correct these errors easily without amending the Articles of Incorporation. However, this option is available only if the error in not essential.
**Step 2: Evaluate proposed amendments:**
Before initiating the amendment process, corporations should approach the intention of proposed changes carefully, whether adding articles or clauses, statement of purpose, registered office, how income will be distributed to directors or increasing the number of directors.
How to Amend Michigan Articles of Incorporation
Corporations must follow the following steps in Michigan to amend their Articles of Incorporation:
**Step 1: File the necessary forms:**
Corporations must use INC-901, which is an Articles of Amendment form required in Michigan business statutes. The corporation needs to fill this out and attach the revised amendment immediately.
**Step 2: Revise Amendment:-**
Corporations must attach new articles or clauses or appendices for specific modifications requiring using an attachment of form #3631 providing further definitions and policies to enforce further as amendment material strictly. The filed amendment should accurately and precisely reflect the desired revisions location-wise for the filing process.
**Step 3: Prepare for Signing:-**
Ensure all amendments were authorized by the Board of Directors. All persons, whether officers of the company, directors, or entities appointed by the state with signing authority, must sign-up on to incorporated name alphabetical order completion i.e., said paper type by complete name after being hand written in signature format.
**Step 4: Filing officially Steps:-**
Incorporate supporting documents of the amendment filing with the Michigan Department of Licensing and Regulatory Affairs, Corporations, and Entities Division. The filing fee will be $10, as of 2021.
There is also an option to elect an expedited file process for items submitting Amendments using Form CNV-5111 – Expedited Service Request. Realistically fees are better paid up and availed as the avoid waste of business expense and time.
Content Requirements for the Amended Articles of Incorporation
The proposed amended articles of incorporation MUST include the following mandatory legal elements:
1. Name of the Corporation.
2. Date incorporated.
3. Name and post office address of your registered agent(s).
4. If the Corporation aims to limit the personal legal responsibility of corporate directors and officers situated within Michigan statutes as "limitation on personal liability of directors and officers and agent indemnification", this alternative statute must involve the label and limits and required returns stipulated through particular milestones accordance of upgraded implementation.
It is also essential for every Corporation when filing Michigan Articles of Amendment that the amended provisions shall note relevant updated information period, effective filing number and modification details specifics about certain changes and list where this specific or changed activity for which registration was needed.
Get Help with Amendments
Although incorporating and amending company documentation seems daunting, getting advice from a professional should not be costly.
Amendment processes involve amended forms, bills of completion, legal research, protocol updates, government official submissions, registrant information updates retention Corporation most valid retainment documents and over certification supporting identifiers more to changing order.
Conclusion
Filing a successful Articles of Amendment result reviewed positively results leads to forms and the amendment application possibly being listed progressively over complete durations in Michigan Encompass verified state results records giving statutory acquisition documentation. Although precautions beforehand consulting expert professionals furthermore ascertaining not errors occur providing legal consultant time to provide adequate consultation save great expenses down the line and provide solid support than solicitation penalties of individual non-compliance company penalties.
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