What is A New York Amendment?
All businesses operating in New York have to inform the Department of State when there are major changes to their formation documents. The process that a company has to go through is known as an amendment. Doing this requires companies to file formal paperwork.
Reasons Why You Need To File An Amendment
There are certain instances that require the filing of a New York amendment. Generally, if the changes that your company plans on implementing will affect the structure of the business, you will have to file an amendment with the state.
A. Changing The Company Name –
Some New York LLCs end up having to change their company name. If this is the case for you, your LLC has to go through a legal process. Check the naming regulation of the state. Then, file a completed amendment form. Additionally, your LLC has to update its records with the state and government.
If your New York corporation is thinking of doing business under a new name, it has to inform the Department of State about its plan. First, your company has to ensure the availability of the new name. Then, you can file an amendment. After that, check all the records of the corporation with the state and government to ensure that everything is updated.
B. Changing Members Of The Business –
New York does not require LLCs to report the names, addresses, and contact information of members and managers. However, if you included these pieces of information on the LLC’s Articles of Organization, you can change them in an amendment. You can also do this update using a Biennial Statement Report.
The state does not keep track of the officers and directors of New York corporations. So, you do not have to file an amendment for any changes. You can update the pieces of information using a Biennial Statement Report form.
C. Changing Address Related To The Business –
Your New York LLC has to inform the Department of State if it ever moves its operating address or registered office. This way, you can make sure that the company receives all legal documents. You can include the changes when you file other types of amendment. If this is the only information you want to change, you can also use the Certificate of Change form.
Updating the operating address, as well as the registered office, of your business in New York is important. You can file an amendment if your company address changed. However, if the address is the only item you wish to change, you can opt to use the Certificate of Change form.
D. Changing Contact Information –
You have to make sure that the state knows the current contact information of your New York LLC so they can easily reach you. Since your LLC has a registered agent acting as the point of contact, you will have to report any changes. You can use an amendment or a Certificate of Change form.
Changing the contact information of your New York corporation requires informing the state. This way, the state can easily access your corporation if it has any legal queries. The state requires you to have a registered agent to receive all legal documents on behalf of the corporation. So, any changes related to the agent must be reported. You can do this using a New York amendment or the Certificate of Change form.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – New York LLCs are not authorized to issue stock. This item is not something they have to worry about. But, if a New York corporation is thinking of changing the number of shares that it is authorized to sell, it has to file an amendment.
What Is Needed To File An Amendment?
Processing amendments require LLCs to file a completed Certificate of Amendment to Articles of Organization form with the Department of State. You can submit in person, by fax, or mail. You can access the forms online. The filing of an amendment also comes with a $60 filing fee. If you submit by fax, you have to include a Credit/Debit Card Authorization Form.
Likewise, corporations also have to submit the completed Certificate of Amendment of the Certificate of Incorporation form to the Department of State. The form is available for download on the website of the department. Submit the documents and the $60 filing fee by mail, fax, or in person. For fax filings, the state also requires the submission of a Credit/Debit Card Authorization Form.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to New York business owners who need help in handling formalities to ensure compliance with the state.
New York Amendment FAQs
The filing fee for an amendment is $60. You can request expedited service but it comes with an additional fee.
- 24 hours – $25
- Same-day – $75
- 2 hours – $150
LLCs have to provide the following information:
- Company name
- The date of filing
- Exact text of each amendment
- Authorized signature
Corporations have to provide the following information:
- Company name
- The date of filing
- Exact text of all amendments
- Authorized signature
- Name and mailing address of the filer
The Department of State usually takes 1-2 weeks to finish the processing. You can request expedited processing for a fee.
The Department of State will send a confirmation by mail if you requested a return and paid the $5 uncertified copy of the filed document fee.
New York Business Resources:
New York Office of Secretary of State
New York Department of State
99 Washington Ave. 6th Floor
Albany, NY 12231