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  1. #1
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    Default Do LLC's Need Articles of Incorporation

    My question involves business law in the state of: New York

    If an LLC elects to be treated as an S-Corporation for tax purposes, are they required to prepare articles of incorporation and/or bylaws?

  2. #2
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    Default Re: Do LLC's Need Articles of Incorporation

    For an LLC, the operating agreement takes the place of articles of incorporation. An LLC can have bylaws, but the operating agreement will normally lay out the LLCs basic operating procedures such that separate bylaws are unnecessary.

  3. #3
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    Sep 2010
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    Default Re: Do LLC's Need Articles of Incorporation

    Mr. K is correct, and the tax status (disregarded entity as a sole proprietorship or partnership, or taxed as a corporation) makes no difference to that requirement.

  4. #4
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    Oct 2014
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    Default Re: Do LLC's Need Articles of Incorporation

    Quote Quoting PHD_4_U_N_Me
    View Post
    My question involves business law in the state of: New York

    If an LLC elects to be treated as an S-Corporation for tax purposes, are they required to prepare articles of incorporation and/or bylaws?
    The election with the IRS to be taxed as a S-corporation does not change what the entity is under state law. It is still a LLC, and thus it will have a charter and perhaps an operating agreement as well, rather than articles of incorporation.

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