How to Form an LLC in New York – NY Division of Corporation

The New York Articles of Organization for a Limited Liability Company is a basic form provided by the New York Department of State so that entities may satisfy the minimum reporting requirement when registering a Limited Liability Company. The Filing Fee for this submission is $200.00. You may expedite this filing to 24-Hour Processing for an additional $25.00, Same Day Processing for an additional $75.00, or 2-Hour Processing for an additional $150.00. Certified Copies are also available for and additional $10.00. You may pay with a check when filing by mail or in person. You may pay by credit card regardless of the method of filing (but you must fill out a Credit Card/Debit Card Authorization Form). It should be noted the New York Articles of Organization for a Limited Liability Company's structure only calls for the minimum reporting requirements of a basic entity. Depeding on the type Limited Liability Company being registered, an entity may need to submit New York Articles of Organization for Professional Limited Liability Company (Filing Fee: $200.00), New York Application for Authority of Foreign Professional Limited Liability Company (Filing Fee: $200.00), or New York Application for Authority of Foreign Limited Liability Company (Filing Fee: $250.00).


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How to Form a Foreign Limited Liability Company in New York – Application for Authority of Foreign Limited Liability Company

How to Form a Foreign Limited Liability Company in New York – Application for Authority of Foreign Limited Liability Company

The New York Application For Authority of Foreign Limited Liability Company must be submitted to the New York State Division of Corporations as part of the application process to obtain a New York Certificate of Authority. In addition to this document the foreign Limited Liability Company must submit a Certificate of Existence or Certificate of […]

How to Form a Professional Limited Liability Company in New York – Articles of Organization for Professional Limited Liability Company (DOS-1374-f)

How to Form a Professional Limited Liability Company in New York – Articles of Organization for Professional Limited Liability Company (DOS-1374-f)

The New York Articles of Organization for Professional Limited Liability Company was developed by the New York Department of State to provide entities wishing to register as a Professional Limited Liability Company with the New York Department of State Division of Corporations. It is worth noting this will only provide a structure and call for […]

How to Form a Professional Services Limited Liability Company in New York – Articles of Organization Professional Services Limited Liability Company

How to Form a Professional Services Limited Liability Company in New York – Articles of Organization Professional Services Limited Liability Company

The New York Application For Authority of Foreign Professional Service Limited Liability Company will need to be submitted to the New York Department of State Division of Corporations when a Professional Limited Liability Company, originating outside of the state, wishes to render its services in the State of New York as a Professional Limited Liability […]

How to Form

Step 1 – Limited Liability Companies in the State of New York are required to have original Names that are not associated with any other entity. Thus, it is recommended to take the precaution of using the New York Department of State Division of Corporations, State Records & UCC Search page to see if the Name being proposed for the registering Limited Liability Company is currently in use or not. If not, then you may register when ready or you may reserve the Name by submitting the New York Application for Reservation of Name. This application is optional and will require a payment for the $20.00 Filing Fee at the time of submission.

Step 2 – Next you will need to make sure you comply with all regulations set forth by governing entities in this state. For instance, if you are forming a Professional Limited Liability Company you will have to gain written approval from the appropriate regulatory or licensing board overseeing the professional services being provided. You may also have to fulfill requirements on a local level. If any part of the formation process is unclear, one should consult with a New York licensed attorney before proceeding.

Step 3 – When you are ready, register the formation of the Limited Liability Company with the New York State Department of State Division of Corporations by in person, by mail, by fax, or online. The Filing Fee will be $200.00 unless you are applying for a Certificate of Authority as a foreign Limited Liability Company (Filing Fee: $250.00). You may pay the filing fee with a credit card (MasterCard, Visa, Amex) by filling out the Credit Card/Debit Card Authorization Form and submitting the paperwork and payment simultaneously by in person, by mail, or by fax. You may only file by mail if you intend to use a check (payable to”Department of State”). If filing online, you must submit an online payment at the time of submittal.

File In Person:

Division of Corporations
State Records Uniform Commercial Code
One Commerce Plaza
99 Washington Ave
6th Floor
Albany, NY 12231
Hours: Monday through Friday, 9:00 a.m. to 4:30 p.m.

File by Fax

518.474.1418

File By Mail:

New York State Department of State
Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave
Albany, NY 12231

After Formation

Structure: The New York State Limited Liability Company Law requires that Limited Liability Companies have an Operational Agreement set within 90 days after the Filing Date. This may be set up at any time before, during, or after filing so long as it is done. Limited Liability Companies do not need to file their Operational Agreement with the New York Department of State but must have one in existence in their records.

EIN: The Entity Identification Number is used for primarily for Identification purposes with the Internal Revenue Service. The I.R.S will not necessarily require every Limited Liability Company to apply and obtain an EIN however most will have to. For instance, even if the Limited Liability Company has no employees, those wishing to be taxed as a corporation is required to obtain one. Contact the Internal Revenue Service directly for this purpose.

Maintenance: There will be a few requirements by various governing institutions. For instance, within 120 Days of filing a newly registered Limited Liability Company will need to publish a notice regarding its formation and/or registration. The Limited Liability Company will need to contact its local County Clerk to obtain a list of newspapers, obtain a Certificate of Publication from the newspaper, obtain an Affadavit of Publication then submit it to the New York Department of State Division of Corporations with a $50.00 Filing Fee. Similarly the New York Department of Taxation and Finance will require an Annual Filing Fee based on the Limited Liability Company’s earnings. This may be submitted using Form IT-204-LL Contact the County Clerk local to the Limited Liability Company’s location and the New York Department of Taxation and Finance.

Contact

Website: https://www.dos.ny.gov/

Address

Department of State
Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001
Phone:518.473.2492
Fax: 518.474.1418

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