While New York State does not require you to file an operating agreement with the state, it is important for every LLC to have this document. It is a private agreement establishing the rules and structure of the business, including how it will be managed.
Organizers form an LLC by filing the Articles of Organization, pursuant to Section 203 of the Limited Liability Company Law, with the Department of State. Organizers prepare, sign and file the Articles of Organization that creates the LLC. Any person or business entity may be an organizer.
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.
Corporate bylaws are legally required in New York. Under NY Bus Corp L § 601, corporate bylaws “shall be adopted” by a company's incorporators. That means that in New York, you'll need to adopt bylaws to comply with the law.
While New York State does not require you to file an operating agreement with the state, it is important for every LLC to have this document. It is a private agreement establishing the rules and structure of the business, including how it will be managed.
However, registering an LLC in New York comes with some additional documentation and higher fees than other states require. For many business owners based here, though, filing for LLC in NY still makes the most sense.
member LLC (SMLLC) treated as a disregarded entity for federal income tax purposes is treated as a disregarded entity for New York tax purposes. If the SMLLC is disregarded and the single member is an individual, the SMLLC is treated as a sole proprietorship for New York tax purposes.
Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC.