Creating your LLC in New York requires you to file the Articles of Organization with the New York Department of State. You should also create an operating agreement for your LLC. 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.
Limited Liability Company Law § 206 requires all LLCs to publish legal notices announcing themselves to the public. In a nutshell, you'll need to publish legal notices: in two newspapers—one daily and one weekly. for six consecutive weeks.
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.
The LLC must publish a notice related to its formation for six consecutive weeks in two newspapers specified by the County Clerk in the county where the LLC's legal address is registered. The legal address is the same one listed on the LLC's Articles of Organization.
Section 121-201 of the New York State Revised Limited Partnership Act requires that within 120 days after the filing of the certificate of limited partnership, a limited partnership (LP) must publish in two newspapers a copy of the certificate of limited partnership or a notice related to the formation of the LP.
Form an LLC in New York Step 1: Name your New York LLC. Step 2: Choose a registered agent. Step 3: File articles of organization. Step 4: Fulfill the publication requirement. Step 5: Create an Operating Agreement. Step 6: Apply for an EIN. Step 7: Comply with New York's tax requirements.
Delaware: Most founders prefer Delaware because it offers ultimate privacy. LLC members' names aren't required to be disclosed. Wyoming: Wyoming offers similar privacy protection as Delaware. But Wyoming is also attractive for LLC registration because it has no state personal income tax.
LLCs are not required to have bylaws. However, they are governed by an operating agreement which is like a corporation's bylaws.
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.
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.