If you’re an LLC you will need:
- Operating Agreement: Must show that your company is managed by a board of managers. This should also elaborate on the classes of units and how many units you have to issue. If your LLC gives out “membership certificates” you may need to change the Operating Agreement to show the change.
- Board Resolution authorizing the Regulation Crowdfunding offer.
- Certificate of Good Standing: Received from the Secretary of State and dated within 60-days prior to launch showing that your company is in good standing.
If you’re a Corporation you will need:
- Certificate of Incorporation: Must be filed with the Secretary of State and show that you have enough shares and detail the class of stock you will be offering.
- Bylaws: Bylaws must allow for business to be done with companies that operate almost entirely online. An amendment may need to be added to ensure that your company fits these requirements. For instance, your bylaws must allow that you can provide investors with an electronic Stock Certificate.
- Board resolution authorizing the Regulation Crowdfunding offer.
- Certificate of Good Standing: Received from the Secretary of State and dated within 60-days prior to launch showing showing that your company is in good standing.