If you’ve decided to form an LLC in New York, you’ll need to file your Articles of Organization, as per Section 203 of the New York State Limited Liability Company Law.
To file those Articles of Organization, you have several options:
- You can file them yourself with the State of New York
- You can work with a business filing service like CorpNet
- You can hire a lawyer to help
In all honesty, most entrepreneurs who want to file an LLC don’t need a lawyer, except in rare circumstances. So if you are feeling DIY, you can take on the process yourself, or you can have CorpNet assist you.
But before you start on your New York Articles of Organization, there are a few other things you need to take care of.
Make Sure the Name You Want is Available
If any other New York LLC is using the business name you want, you won’t be able to file your LLC under that name. Start by conducting a name search, which will scour various databases to ensure that your name is available.
This is important, as it pertains specifically to New York LLCs: the name of your business must include the words “Limited Liability Company” or the abbreviation “LLC” or “L.L.C.” It must also be easily distinguishable from the names of other LLCs, corporations, or limited partnerships registered with the State.
Also, be aware that certain words or phrases are prohibited from your LLC business name in New York. Review those to ensure that you stay compliant.
If the name you want is available, complete an Application for Reservation of Name with the State of New York, and pay the $20 filing fee. Realize that filing this doesn’t get your requested name approved; it just holds it until you finish filing your Articles of Organization.
After You File Your Articles of Organization
With the name reservation taken care of, you can put your focus back on the Articles of Organization. This document is simple enough to fill out, as it simply requires:
- Your LLC’s name
- County of location
- Registered agent address
Keep in mind if you are in a profession that is licensed, such as a physician or lawyer, and are trying to form a professional services LLC (PLLC), there is a specific Articles of Organization for you to fill out that’s different from the standard LLC Articles of Organization. For both applications, the fee is $200.
After you’ve filed your Articles of Organization and paid the fee, you will need to draft an Operating Agreement. This document will outline the members of your LLC and the rights, responsibilities, and obligations of each. It’s not necessary to file this document with the State of New York; keep it in a safe place in your office.
And the final step in forming an LLC in New York is to publish a notice of your intent to form an LLC in two newspapers for six consecutive weeks. The newspapers must be those chosen by the county clerk where your office will be located. There is also a $50 filing fee for the publishing process.