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