To form a New York LLC, submit your Articles of Organization to the New York Department of State Division of Corporation for a fee of $200. You can apply both online and by mail. The Articles of Organization are the legally binding documents that establish your New York Limited Liability Company.
To get started, read the information below to Register Llc New York State –
1. Give Your New York LLC a Name
The initial and most significant step in forming an LLC in New York is deciding on a name.
Make sure your name complies with New York naming regulations and is easy to search by potential clients.
Follow the naming guidelines for New York LLCs:
- The phrase “limited liability company” or one of its abbreviations must appear in your name (LLC or L.L.C.).
- Your LLC’s name cannot contain words that could be confused with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g., bank, attorney, university) may necessitate additional paperwork and the participation of a licensed individual, such as a doctor or lawyer, in your LLC.
- Your name must be distinct from any other limited liability company, limited partnership, or corporation in New York.
- The New York Senate website has more information about LLC naming guidelines in New York.
- Does the name exist in New York? Check the State of New York website for the availability of the name you want before you Register Llc New York State.
- Is the Web address accessible? We recommend checking online to see if your company name is available as a web domain. Even if you don’t intend to create a business website right away, you may want to purchase the URL to prevent others from acquiring it.
2. Select a New York Registered Agent
By default, the Secretary of State acts as the registered agent for all New York LLCs. You can, however, choose someone other than the Secretary of State to serve as the registered agent for your Ny LLC.
Even if you use a registered agent service, the Secretary of State will still be the first point of contact for the state and anyone who may serve legal action on your LLC.
The Secretary of State will send the following to the principal address of your LLC or the address of your dedicated registered agent:
- All formation paperwork
- Any process information service
- Taxation and reporting documentation
Why would you use a New York registered agent service?
- Lower Publication Costs
In New York, newly formed LLCs are required to publish a notice of formation in local newspapers. If the primary address is in New York City, the publication will cost around $1,500 or more.
- Maintain Your Privacy
Your primary LLC address must be publicly disclosed under New York’s LLC publication requirements. Hiring a registered agent service allows you to use their address rather than your own, protecting your personal privacy.
After meeting the publishing requirements, you can relocate your principal office to any location in New York State. You will not be required to publish any additional notices.
3. Submit the Articles of Organization for your New York LLC.
You must file Form DOS 1336-f: Articles of Organization with the New York Department of State to register your New York LLC. You can submit your application online, by mail, fax, or in person.
Now is a good time to decide whether your LLC will be managed by members or by managers.
4. Follow the New York LLC Publication Requirements.
What is New York’s LLC publication requirement? LLCs are required to publish a notice of their formation within 120 days of their formation in two newspapers (one weekly and one daily) for six consecutive weeks in the county where their principal office or designated registered agent is located.
Can I choose any newspapers I want? No. The local county clerk of the county you designate in your Articles of Organization must approve the newspapers. Following publication, the printer or publisher of each newspaper will provide you with an affidavit of publication.
5. Draft an Operating Agreement for a New York LLC.
An operating agreement is required for all New York LLCs. This could be an oral or written agreement.
What exactly is an operating agreement? An operating agreement is a legal document that details an LLC’s ownership and operational procedures.
Why are operating agreements necessary? A thorough operating agreement ensures that all business owners are on the same page and reduces the possibility of future conflict.
6. Obtain a New York LLC EIN.
What exactly is an EIN? EIN is an acronym that stands for Employer Identification Number. EINs are nine-digit numbers assigned by the Internal Revenue Service (IRS) to businesses to help them be identified for tax purposes. It is essentially a business’s Social Security number.
An EIN is also known as a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN) (FTIN).
Why do I require an EIN? An EIN is required in order to:
- Establish a business bank account.
- Manage and file federal and state taxes
- Employ people
What if my sole proprietorship already has an EIN? When converting a sole proprietorship to an LLC, the IRS requires a new EIN.