How to Form an LLC in New York: A Step-by-Step Guide
How to Form an LLC in New York: A Step-by-Step Guide
Forming a Limited Liability Company (LLC) in New York is an excellent choice for entrepreneurs looking to combine flexibility and liability protection for their business. At Auerbach Law Group, P.C., we assist clients throughout New York in navigating this process efficiently. Below are the essential steps to forming your LLC in the state of New York:
Step 1: Choose a Name for Your LLC
Your LLC’s name must be distinguishable from existing entities registered in New York. It must include the term "Limited Liability Company" or the abbreviation "LLC" or "L.L.C." Conduct a name availability search through the New York Department of State’s business database to ensure uniqueness.
Step 2: Appoint a Registered Agent
New York law requires LLCs to designate a registered agent to accept legal documents on the company’s behalf. While the New York Secretary of State serves as a statutory registered agent by default, you may also appoint an additional registered agent for convenience.
Step 3: File Articles of Organization
To officially establish your LLC, file the Articles of Organization with the New York Department of State. This document includes basic information about your LLC, such as name, county location, registered agent details, and management structure.
Step 4: Create an Operating Agreement
New York law mandates that LLCs adopt a written Operating Agreement within 90 days of formation. Although it isn't required to be filed with the state, this internal document clearly outlines ownership rights, member roles, operating procedures, and rules for decision-making.
Step 5: Obtain an EIN (Employer Identification Number)
Your LLC will require an Employer Identification Number (EIN), which is provided by the IRS. This number is necessary for tax purposes, hiring employees, opening business bank accounts, and complying with federal regulations.
Step 6: Publish Notice of LLC Formation
In New York, LLCs must fulfill a unique publication requirement. After forming your LLC, you must publish notice of the formation in two approved newspapers in the county where your LLC is located. Following publication, you will receive affidavits of publication to submit with a Certificate of Publication to the Department of State within 120 days.
Step 7: Comply with Ongoing Requirements
After successfully forming your LLC, ensure you maintain compliance by filing necessary reports, renewing licenses and permits, and adhering to annual taxation requirements.
At Auerbach Law Group, P.C., our dedicated attorneys assist businesses throughout every step of forming and maintaining an LLC. With our guidance, you can streamline the LLC formation process and set your business on the right legal path.
