Filing a New York LLC
Forming a New York LLC could be incredibly beneficial for a new business owner. For one, the process of creating an LLC is relatively straightforward, so long as prospective owners take their time with each step. Also, the LLC structure protects members of the company from corporate liabilities.
Steps To Filing a New York LLC
Choose A Name
Once you’ve determined that you will register as a New York LLC, you’ll need to pick a name for your organization. When doing so, you must ensure that you do not choose a name that is already in use. Since there are thousands of businesses operating in the state of New York, you can use the DoMyLLC Name Availability Check Page to ensure that your desired company name is available.
Additionally, it’s worth noting that New York requires businesses to include an indicator in their company name. You’ll need to have something such as “Limited Liability Company” or “L.L.C.” in your title if you wish for your name to be approved.
Choose A Registered Agent
After choosing a name for your company, you’ll need to hire a registered agent to serve on your company’s behalf. Registered agents are responsible with accepting legal correspondence for the company and passing it along to the owners. A quality registered agent can make a world of a difference, which is why many New York LLC owners elect to hire a company such as DoMyLLC to perform their registered agent services.
File Articles Of Organization & Pay Filing Fees
To begin the process of registering as a New York LLC, prospective owners will need to file an Articles of Organization with the Division of Corporations, State Records and Uniform Commercial Code. Potential owners must also pay a $200 filing fee to submit this report. Other information that will exist in the Articles of Organization include:
- The name of the company
- County in which the company office will be located
- Registered agent information
- Signature of organizer
File Initial Report
Unlike some other states, New York LLC owners are not required to file an Initial Report. However, new owners must pay attention to the biennial reporting requirements.
Create An Operating Agreement And Hold Meetings
New York LLC owners will also want to compile an operating agreement, which will define the structure of the business. Once in place, the company can begin holding meetings.
Obtain Employer Identification Number
The IRS issues Employer Identification Numbers to every business in the state of New York. You’ll need this number to file taxes and to open a bank account for your company.
The state of New York also requires LLCs to meet the requirements of the Certification of Publication. According to Section 206 of the New York State Limited Liability Company Law, companies must publish a copy of their articles of organization or a notice related to the formation of the LLC in at least two newspapers. They must do so within 120 days of the effectiveness of the initial articles of organization.
File State Required Biennial Reports
The New York Department of State requires companies to file Biennial Reports every other year. These forms are due by the end of the registration anniversary month. It costs $9 to submit this report. There is no late fee if you do not register on time. However, the state will mark your company as delinquent, at which point they can dissolve your company.
Although reports are filed every other year, New York LLCs will have other annual reporting requirements. For instance, businesses must file taxes and renew licenses and permits each year.
How DoMyLLC Can Assist With Streamlining The Process
If you’re looking to form a New York LLC, DoMyLLC is here for you. We offer services such as:
- Name availability check
- Articles of Organization preparation
- Filing of the Articles of Organization with the Secretary of State’s office
- Sample documents, including a sample Operating Agreement, meeting notices, and meeting minutes
- Dedicated account manager
- Unlimited customer support
At DoMyLLC, we have years of experience working with LLC owners in New York. We look forward to helping you start and operate your new company.