Certificate of formation vs articles of organization: what is the difference?

October 29, 2026
Short answer

They are the same document. It is the filing that creates your LLC with the state, and each state picks its own name for it. Delaware calls it a Certificate of Formation. Wyoming, New Mexico and Florida call it Articles of Organization.

What the document is

When you form an LLC, you file one short document with the state. It names the LLC, its registered agent and, in some states, its organizer, members or managers. Once the state accepts it, the LLC exists. The stamped copy the state returns is your proof.

What each state calls it

StateDocument nameFiled with
DelawareCertificate of FormationDivision of Corporations
WyomingArticles of OrganizationSecretary of State
New MexicoArticles of OrganizationSecretary of State
FloridaArticles of OrganizationDivision of Corporations (Sunbiz)

Is it the same as an operating agreement?

No. The certificate or articles is a short public filing that proves the LLC exists. The operating agreement is a private contract between the owners that sets out ownership and how the LLC is run. It is not filed with the state.

When you need it

Banks ask for the stamped formation document along with your EIN letter when you open a US business bank account. Payment platforms and some marketplaces ask for it during verification too. Keep a PDF copy somewhere easy to find.

What to do next

Form your LLC in Wyoming, Delaware, New Mexico or Florida

We file the document, get your EIN and help you open a US business bank account.

Form your LLCQuestions first? hello@startfleet.io