Last Updated on 1 month by Komolafe Bamidele
Many more people are trying to start their businesses than ever before. More than 5.4 million applications were sent in just in 2021.
Limited liability companies (LLCs) are still one of the most common types of businesses because they are easy to set up and don’t cost much money.
To create a New York LLC, you must file legal paperwork, choose a registered agent, put an ad in local newspapers to inform people about your LLC, and more. but if you are in a hurry Let Zenbusiness Starts your LLC at $0 + NY state fee and only takes 5-10 minutes
Read our guide to learn how to set up an LLC in New York and get your business on the right foot.
How to Form an LLC in New York in 7 Steps.
Step 1: Name your New York LLC.
Before registering your LLC, you’ll need to come up with a name for it.
Names must follow the rules for names in New York. Most importantly, remember the following requirements:
- Limited Liability Company, LLC, or L.L.C. must be in the name of your business.
- The name of your business can’t be the same as another one in the state. On the Secretary of State’s website, you can look for a business name to see if it is already being used.
- There can’t be any words in the business name that are used to name a government body, like “State Department,” “CIA,” “FBI,” “Treasury,” etc.
- Some limited words, like “bank,” “lawyer,” “attorney,” “credit union,” etc., may need extra proof and license papers.
Step 2: Appoint a registered agent in New York.
A registered agent is a person or organization that accepts service of process and other significant legal papers from the state on behalf of a business.
New York does not need your company to have a registered agent to receive process service, in contrast to other states’ LLC requirements.
Instead, this function is automatically performed by the Secretary of State, who will also transmit a copy of files to the company address on file.
You may still designate a different registered agent for your New York LLC.
This is frequently more practical since you’ll have crucial documents—like notice of any legal action against the company—faster.
Your registered agent can be anybody over eighteen with a street address in New York City, provided they are available during regular business hours.
Step #2 Create an LLC operating agreement.
A written operating agreement is required for LLCs in New York, as stated in Section 417 of the state’s LLC statutes.
Details like the nature of the firm, how it will run daily, the rights and powers of LLC members, and each member’s specific duties or tasks must all be included in this agreement.
Modifications to the operating agreement may be made on occasion. But you are not allowed to do so without everyone’s full approval.
Adoption of the operating agreement is permitted either before filing the articles of organization or ninety days following filing.
They are not recorded by the government.
Step #2: Prepare and file articles of organization.
The articles of organization are a legal document that formally creates your LLC by providing its fundamental details.
To submit articles of organization, people can obtain the DOS-1336 Form available on the New York website.
To correctly register your New York LLC, draft articles of incorporation and submit them to the New York State Division of Corporations.
Even though it sounds like an enormous task, all it entails is completing and submitting a straightforward internet form. Additionally, you can mail it.
This important step makes your LLC a real legal company. It costs $205, comprising a $200 filing fee and a $5 hard copy fee.
Generally, you’ll need the following details to produce your articles:
- Name of your LLC
- The county in which the LLC will be situated in New York
- A New York mailing address to which the LLC should receive legal papers from the Secretary of State
- The organizer of the LLC’s signature
- The person and location that registers the LLC must sign the articles.
The processing time for the New York articles of organization is typically seven business days.
This period usually falls between administrative offices and other organizations in New York.
Your articles will be reviewed by the secretary of state when they are filed. The LLC becomes a recognized legal business entity if the articles are accepted.
Step 4: Newspaper Publication Requirement.
The county clerk of the county where the LLC has its office must nominate two newspapers for the LLC to print notifications of the LLC’s creation in New York.
For six weeks, the notices have to appear once a week. The announcements will be published in the newspapers for a fee.
The newspapers will give you affidavits of publication once the notices have been published.
These must be submitted to the New York Department of State along with a Certificate of Publication. A $50 filing fee is required.
The certificate needs to be submitted no later than 120 days after the LLC is formed.
Step 5: Apply for an EIN.
The federal government requires that you register your LLC by applying for an Employer Identification Number (EIN).
This is something you will need to accomplish with the IRS. Federal Employer Identification Numbers (FEINs) and Federal Tax Identification Numbers are other names for EINs.
For your company, an EIN is comparable to a Social Security number. This nine-digit number is required for any New York LLC that employs people or has more than one member.
An EIN is necessary for tax and financial documentation, such as submitting New York state taxes, hiring new staff, and creating business bank accounts.
The IRS website, mail, or fax are the three ways to obtain your New York LLC’s EIN.
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Step 6: Actions to Take After Forming a New York LLC.
Once you’ve set up your New York LLC, there are many more steps you can take to make sure your business is substantial.
Having a business bank account is important to keep your personal and business finances separate.
This will make filing taxes more accessible and give you more confidence when working with clients and suppliers.
Keep in mind that your LLC will have ongoing costs, like taxes, filing fees for every two years’ worth of tax returns, and fees for licenses and permits.
When you start an LLC, it’s a good idea to talk to an accountant, tax expert, and lawyer about handling the money in the business properly.
Lastly, make sure that your LLC meets all federal, state, and local government license and permit requirements.
To Wrap UP
To sum up, creating an LLC in New York includes several essential steps, such as picking the correct name, naming a registered agent, filing articles of organization, and getting an EIN.
By following these rules and doing what the law says you need to do, you can give your business a strong base and enjoy the benefits of having a well-established New York LLC.
Remember that to keep your business legal and thriving in the Empire States, you need to know about the state’s tax rules and complete the steps that need to be done after the business is started.