Question
how to file for an LLC in New York
Answers
GPT-4o mini
Filing for a Limited Liability Company (LLC) in New York involves several steps. Here’s a comprehensive guide to help you through the process:
### 1. Choose a Name for Your LLC
- **Name Requirements:** The name must include “Limited Liability Company” or abbreviations like “LLC” or “L.L.C.” It cannot include certain words (e.g., Bank, Insurance) without special permission.
- **Name Availability:** Conduct a name search on the New York Department of State’s website to ensure your preferred name is available.
### 2. Designate a Registered Agent
- **Registered Agent Requirement:** Your LLC must have a registered agent in New York who is authorized to receive legal documents. This can be an individual or a business entity.
### 3. File the Articles of Organization
- **Form:** Complete the Articles of Organization (Form LLC-1), which can be filed online or by mail.
- **Filing Fee:** The filing fee is currently $200 (check for any updates).
- **Submission:** If filing by mail, send the completed form to:
```
New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
```
- You can also file online through the New York Department of State’s website.
### 4. Create an Operating Agreement
- **Operating Agreement:** While not required to be filed with the state, it’s highly recommended to create an Operating Agreement outlining the ownership and operating procedures of the LLC.
### 5. Obtain an Employer Identification Number (EIN)
- **EIN Requirement:** Most LLCs need an EIN from the Internal Revenue Service (IRS) for tax purposes.
- **How to Apply:** You can apply for an EIN online at the IRS website, by mail, or by fax.
### 6. Publish a Notice of Formation
- **Publication Requirement:** New York requires LLCs to publish a notice of formation in two newspapers for six consecutive weeks within 120 days of formation.
- **Choose Newspapers:** You must select one daily newspaper and one weekly newspaper in the county where your LLC is located.
- **Obtain Affidavit of Publication:** After the publication period, obtain an affidavit from each newspaper.
### 7. File the Certificate of Publication
- **Certificate of Publication:** After completing the publication requirement, file the Certificate of Publication (Form LLC-4) with the New York Department of State.
- **Filing Fee:** The filing fee for the Certificate of Publication is $50.
### 8. Comply with Ongoing Requirements
- **Biennial Statements:** New York requires LLCs to file a biennial statement with the Department of State. This must be filed every two years, and the fee is currently $9.
### Additional Considerations
- **Business Licenses and Permits:** Depending on your business type and location, you may need additional licenses or permits.
- **Tax Registration:** Depending on your business activities, you may also need to register with the New York State Department of Taxation and Finance.
### Resources
- **New York Department of State - Division of Corporations:** [Official Website](https://www.dos.ny.gov/)
- **IRS for EIN Application:** [IRS Website](https://www.irs.gov)
By following these steps, you can successfully form an LLC in New York. Be sure to consult with legal and financial professionals as necessary to ensure compliance with all laws and regulations.
### 1. Choose a Name for Your LLC
- **Name Requirements:** The name must include “Limited Liability Company” or abbreviations like “LLC” or “L.L.C.” It cannot include certain words (e.g., Bank, Insurance) without special permission.
- **Name Availability:** Conduct a name search on the New York Department of State’s website to ensure your preferred name is available.
### 2. Designate a Registered Agent
- **Registered Agent Requirement:** Your LLC must have a registered agent in New York who is authorized to receive legal documents. This can be an individual or a business entity.
### 3. File the Articles of Organization
- **Form:** Complete the Articles of Organization (Form LLC-1), which can be filed online or by mail.
- **Filing Fee:** The filing fee is currently $200 (check for any updates).
- **Submission:** If filing by mail, send the completed form to:
```
New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
```
- You can also file online through the New York Department of State’s website.
### 4. Create an Operating Agreement
- **Operating Agreement:** While not required to be filed with the state, it’s highly recommended to create an Operating Agreement outlining the ownership and operating procedures of the LLC.
### 5. Obtain an Employer Identification Number (EIN)
- **EIN Requirement:** Most LLCs need an EIN from the Internal Revenue Service (IRS) for tax purposes.
- **How to Apply:** You can apply for an EIN online at the IRS website, by mail, or by fax.
### 6. Publish a Notice of Formation
- **Publication Requirement:** New York requires LLCs to publish a notice of formation in two newspapers for six consecutive weeks within 120 days of formation.
- **Choose Newspapers:** You must select one daily newspaper and one weekly newspaper in the county where your LLC is located.
- **Obtain Affidavit of Publication:** After the publication period, obtain an affidavit from each newspaper.
### 7. File the Certificate of Publication
- **Certificate of Publication:** After completing the publication requirement, file the Certificate of Publication (Form LLC-4) with the New York Department of State.
- **Filing Fee:** The filing fee for the Certificate of Publication is $50.
### 8. Comply with Ongoing Requirements
- **Biennial Statements:** New York requires LLCs to file a biennial statement with the Department of State. This must be filed every two years, and the fee is currently $9.
### Additional Considerations
- **Business Licenses and Permits:** Depending on your business type and location, you may need additional licenses or permits.
- **Tax Registration:** Depending on your business activities, you may also need to register with the New York State Department of Taxation and Finance.
### Resources
- **New York Department of State - Division of Corporations:** [Official Website](https://www.dos.ny.gov/)
- **IRS for EIN Application:** [IRS Website](https://www.irs.gov)
By following these steps, you can successfully form an LLC in New York. Be sure to consult with legal and financial professionals as necessary to ensure compliance with all laws and regulations.