Form an LLC in New York

Form an LLC in New York

Form your New York LLC today

Packages start at $79 (plus state fees)

We can file your Articles of Organization with the Secretary of State office in New York. SunDoc Filings is an experienced at navigating the bureaucratic filing process. We make it easy for you to form a Limited Liability Company in New York.  Don’t lose valuable time or leave your filing to chance…SunDoc Filings is the clear choice.

 

For already prepared documents, skip to step 3

Step 1: Check name availability

Choose three corporate names in order of preference and we will check which name is available

Step 2: Prepare or Upload your Articles

Our online form will walk you through all required information

Step 3: Specify Service Level and Service Options

Select the appropriate filing package or choose from the a la carte options

 

Routine:  5 - 7 Business Days

Rush: 24 hours 

 

We will confirm your order via email within one hour during normal hours.

 

 

Your filing is now on its way! If we receive your New York LLC's Articles of Organization by 12 p.m. PST M-F, your filing will be submitted the same day it was received. The date submitted will become the file date of your new entity. The Secretary of State office will take at a few weeks to process routine orders. Keep in mind that if you mail the document to the state yourself, like many filing services do, you will have to wait SEVERAL MONTHS. When the state is approves your document, they will issue a state entity number and a certified copy We will immediately fax or email the filed document to you. We will return the certified copy via regular mail. FedEx is available for an additional fee.

 

Your Post-Filing Responsibilities

  • File a Biennial Statement: After the Articles of Organization are filed, the Secretary of State requires that you file a Biennial Statement with the New York Department of State. This includes the business address of the entity, the names and addresses of the members, the agent for service of process, and a brief description of the business. Notice of the biennial statement filing will only be sent to you via EMAIL. Note: please visit www.email.ebiennial.dos.ny.gov to provide an email address to the New York Department of State so they can email notification to you when it is due. 
  • Employer Identification Number: If you would like, we can obtain your EIN for your new New York LLC. Simply add it to your order or fill out our online EIN order form and we will obtain the EIN within 24-48 hours.
  • New York LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the New York LLC kit at the time of filing or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.

 

 

The SunDoc Filings Advantage

 

  • We have filed thousands of documents since 1999
  • Filings received by 12 p.m. PST are submitted same day
  • Most filing companies mail in your filings

 

New York LLC Formation Guidelines

 

Name

A limited liability company name must contain the words "Limited Liability Company" or the abbreviation "L.L.C." or LLC. The Section 204 of the Limited Liability Company Law should be reviewed for a list of prohibited words or phrases. An available name may be reserved for 60 days upon application. Thereafter the same applicant may again reserve the name for successive 60-day periods.

 

Organizers

The limited liability company can be formed by any one (1)or more persons.

 

Members

The limited liability company can be formed with one (1)or more members.

 

Duration

The limited liability company shall have perpetual existence unless limited in its articles of organization or the limited liability company operating agreement.

 

Registered Agent and Registered Office

The limited liability company must maintain a registered agent and office to receive service of process in New York.

 

Operating Agreement

A limited liability company agreement is a written agreement of the members as to the affairs of a limited liability company and the conduct of its business.  A limited liability company agreement or another written agreement or writing: May contain any provision no inconsistent with law or its articles of organization relating to (I) the business of the limited liability company (ii) the conduct of its affairs (iii) the rights, powers, preferences, limitations or responsibilities of its members, managers,   employees, or agents. May set forth a provision eliminating or limiting the personal liabilities of Managers of the limited liability company or its members for damages subject to the limitations of Section 417.

 

Filing Procedures

Submit to the Department of State one (1) executed copy of the Articles of Organization and fastened in backer which sets forth the title “Articles of Organization”,  Name of the Limited Liability Company, Pursuant to Section 206 of the Limited Liability Company Law and the name and address of individual filing the Articles of Organization. The Department of State files the Certificate and issues a filing receipt.

 

Please Note: Within 120 days after the filing of the Articles of Organization, a copy of the same or a notice containing the substance thereof shall be published once in each week for 6 successive weeks, in 2 newspapers of the county within the state of New York in which the foreign limited liability company is located, to be designated by the county clerk.  An affidavit of publication as issued by the newspapers must be filed with the Department of State.

 

Publication Details

Costs of publishing vary according to location of limited liability company’s office in New York State - $900 to $3500. The publication needs to provide a notice of formation in two newspapers, once each week, for six consecutive weeks. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. You may need to provide the county clerk with a copy of your filing receipt before the clerk's office will provide the names of the newspapers.

 

After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the Department of State, Division of Corporations, 41 State Street, Albany, NY 12231. Any LLC which fails to comply with the publication requirements within 120 days after its formation or qualification will have its authority to carry on, conduct or transact any business in the state suspended.

 

 


 

New York LLC Frequently Asked Questions

 

What is the benefit of using SunDoc Filings in New York? 
We visit the New York Secretary of State daily and submit all filings received by 12:00 noon that same day. We treat all of our filings on an expedited basis and do not charge extra fees unless mandated by the state. Many filing companies will simply mail in the filings unless you pay for "rush"  or premium services. The following guidelines are especially helpful if you are preparing your own New York Articles of Organization.

Questions about LLC Formation Guidelines?

How many members and managers are required in New York?
At least one member is required in New York.  
 
What is a Registered Agent?
A Registered Agent is an individual or a business designated to receive service of process (SOP) in the event a corporation is party to a lawsuit. For example, if your corporation is ever involved in a lawsuit, the plaintiff’s attorney and or the court will serve your corporation via a process server to inform you of the suit. State filing agencies require that a corporation designate a Registered Agent to receive the legal document from the process server. The Registered Agent must maintain a physical address (no P.O. Boxes or PMB’s) in the states of the corporations they represent. The Registered Agent is also required to be available at the physical address Monday through Friday during normal business hours to accept service of process. The name and address of the Registered Agent is a matter of public record.
 
Can SunDoc Filings help me obtain a Registered Agent?
Yes we can. SunDoc Filings helps companies fufill the Registered Agent requirement for a small annual fee. SunDoc Filings will appoint a Registered Agent to act on your company’s behalf and forward all service of process to you immediately. We provide this service in all 50 states and the District of Columbia.
 
What are operating agreements and how do I obtain or prepare them?
A corporation's bylaws are the company's rules and regulations. For a Limited Liability Company, they are called an operating agreement. Sample bylaws are provided when you order a corporate or LLC kit. Companies do not file the bylaws or operating agreements with the Secretary of State. Instead, bylaws or operating agreements are kept with internal company records.

Questions about Incorporating?

How do I form an LLC in New York?
To form an LLC, a prospective company must prepare and file Articles of Organization with the state authorities. You must also pay filing fees and any applicable initial franchise taxes or other fees. The information required for Filing Articles of Organization varies by state and type of business. If you want to form your LLC through SunDoc Filings, just complete our order form online and we will prepare and file your Articles of Incorporation.  
 
Do I need an attorney to form an LLC in New York?
No. You can prepare and file the Articles of Organization yourself, but you should understand the requirements of your intended home state. If you are unsure if a business entity will benefit your business, or what business type you should form, you should consult an attorney or accountant.
 
In what state is it best for me to form an LLC?
Your home state is not always the best choice.  Some states offer better tax benefits than others, but keep in mind that legal matters must be settled in your state of incorporation.  Once again, if you are not sure, contact an attorney or CPA for advice.
 
Should I form an LLC or a Corporation in New York?
Corporations and LLCs are both excellent choices for business owners looking to minimize their personal liability and build credibility. Each entity offers distinctly different tax and business advantages and choosing the right one should be determined by your specific business needs. Your industry may also dictate the type of entity that can be formed. Contact a CPA or attorney for professional advice.
Corporations offer personal liability protection, tax savings and increased opportunities for raising capital. Corporations are required to perform certain duties such as holding annual meetings and keeping detailed corporate records (minutes). Limited Liability Companies (LLCs) offer the same personal liability protection as corporations, but with fewer requirements. LLCs also offer great tax flexibility. Members can choose to be taxed as either a traditional corporation or as a "pass-through" entity.
 
Do I need to file a DBA (assumed name) in New York?
Depending on your type of business entity, it may be required or recommended to file a DBA. A DBA (Doing Business As) or assumed name is the legal term for registering your business name. In some jurisdictions it is called a fictitious owner affidavit or fictitious business name. Its purpose is to prevent confusion and fraud in the marketplace. Because real names and addresses are required on the application, creditors and other interested parties can connect a business name to the actual owner of the business by looking up its DBA. Filing a DBA protects the public from fraudulent use of a name by preventing someone from hiding behind a business name. It also protects the registered business from others who might try to impersonate them by doing business under that name. A sole proprietorship is not always required to file for a DBA since an owner can operate under their actual name. However, this may cause difficulties when taxes are calculated because it can be hard to tell when a purchase was for the business and when it was for personal use. For accounting reasons, filing a DBA is recommended. Having a legal DBA name on file also means bank accounts and credit can be opened in that name. Simple partnerships have the same requirements as sole proprietorships and a DBA is not required if the business operates under the partners’ true names. A limited partnership does have to file for a DBA at the Secretary of State’s Office as part of the paperwork necessary to create a limited partnership. Other business structures – C Corp, S Corp, LLC – have name registration built into the formal process of the entity creation. The formal name in these cases will include Inc. or LLC or Corp. as part of the name to identify the type of business to the public. The local government authority (usually at the county level) will accept and register a DBA name. Although the requirements vary by jurisdiction, in general the owner or authorized representative personally fills out a form at the county treasurer's office. Other county departments that accept DBA applications are the County Register of Deeds or the Secretary of State.