The Department of State's typical processing time for LLCs is seven days. Completing the New York publication requirement takes at least six weeks. Below, we take you step by step through the process of forming a New York LLC.
Typically, your business's name must end with the words “Limited Liability Company,” company” or “Limited.” Or you can use abbreviations like “LLC,” “L.L.C.,” or “Ltd.” Usually, you can even opt to abbreviate the words “Limited” and “Company” as “Ltd.” and “Co.” (Most people just stick with “LLC”.)
There are two ways to check, one direct and one indirect. Each state has a database of registered business entities (LLCs, corporations, etc.) and has a database of taxpayers. You can look up the LLC in those databases.
You can legally register an LLC in New York City by yourself, however, you should consider utilizing a lawyer to ensure that your articles of organization and operating agreement are properly completed and enforceable.
How to Get a Certificate of Formation Go to your Secretary of State page to find out filing requirements. Gather all the information you need to complete the Certificate of Formation document. Complete the Certificate of Formation application. Follow up on filing with the state government.
Annual report filing requirements One requirement imposed by the state corporation and LLC statutes is for corporations and LLCs to file an annual report in the formation state and every state where they are qualified or registered to do business.
Statement of Business Purpose Most states don't require you to be specific about the purpose of your LLC. Instead, a statement such as "The purpose of the Limited Liability Company is to engage in any lawful activity for which a Limited Liability Company may be organized in this state" is usually sufficient.
New York requires every LLC to file a Biennial Statement every two years with the New York Department of State (DOS). You can file your statement online using the DOS's e-Statement Filing System. In the statement, you'll need to provide the name and address of the LLC's registered agent.
If you fail to file a required annual or biennial report, you can face stiff penalties. These can range from fines imposed by the state to the state administratively dissolving or revoking your entity. Administrative dissolution means that you can no longer legally conduct business in a state.