As a result of the public offering of securities by the company, the company will be obligated to file various periodic reports with the SEC. This memorandum lists all those reports (10-K, 10-Q, 8-K, etc.), what each report is, and the filing guidelines for each one.
New York Selected Consequences of Public Company Status Memorandum
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FAQ
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.
New York requires all corporations and LLCs to file a New York Biennial Report every other year. Nonprofits are not required to file biennial reports.
Maintain Your LLC To remain in good standing you must file a biennial report with New York's Secretary of State and pay the fee. The fee is very low if you file on time but is $250 if you are late in filing it. Your LLC must also pay an annual franchise fee to the New York franchise tax board.
Any Certificate of Status or status letter obtained from the New York Department of State will reflect that the corporation or LLC is past due in the filing of its Biennial Statement. This may prevent the corporation or LLC from completing certain business transactions.
A New York Biennial Statement is the form you file every other year with the New York Division of Corporations to keep your business information up-to-date with the state.
In New York, both single-member LLCs and multi-member LLCs are typically required to pay an annual filing fee. The amount of filing fee you are required to pay depends on the gross income of your LLC that comes from New York in the previous tax year. The fee can vary from $25 to $4,500.
A New York LLC will automatically be taxed as a pass-through entity. In other words, the LLC won't pay federal taxes directly. Instead, the revenue the LLC earns passes through the business to you. Then, you'll report your share of the profits on your personal tax return.
The Department of State issues an official filing receipt to the filer of the Certificate of Incorporation. The filing receipt reflects the date of filing, the name of the corporation, an extract of information provided in the Certificate of Incorporation and an accounting of fees paid.