Certificate of Formation
Definition: The name some states give the filing that creates an LLC.
A Certificate of Formation is the filing that brings an LLC into existence in states that use this title instead of Articles of Organization. In Texas, the same form name (Form 201 or 205, depending on entity type) is used for corporations and LLCs alike.
| State | Filing title for LLCs | State fee |
|---|---|---|
| Delaware | Certificate of Formation | $110 |
| Texas | Certificate of Formation (Form 205) | $300 |
| New Jersey | Certificate of Formation | $125 |
| New Hampshire | Certificate of Formation | $100 |
| Maine | Certificate of Formation | $175 |
A certificate of formation is different from a certificate of good standing. The first creates the entity; the second, issued later, proves the entity is current with its filings. See good standing for that document.
If you plan to form in Delaware or Texas, the state pages cover where the certificate appears in each search tool.
Related: LLC, New Jersey business search.
Certificate of Formation questions
Is a certificate of formation the same as articles of organization?
Yes, for LLCs. Delaware, Texas and a few other states use "certificate of formation" for the same founding document other states call articles of organization.
Where do I get a copy of a certificate of formation?
From the state that accepted it, through its business search filing history or a copy order.
Sources
Data Updated Recently