How to Form an LLC in NY in 8 Steps

1. Choose a name for your LLC.
2. Find a NY registered agent.
3. File articles of organization with NY state.
4. Obtain NY business permits.
5. Publish notice of LLC formation and submit certification of publication to the state.
6. Create an LLC operating agreement.

How is an LLC established?

The formation of an LLC broadly requires filing the “articles of organization” which is a document including basic information like business name, address, members. The filing is done with the Secretary of State for most states and has an associated filing fee.

How to form a LLC in New York State?

4. Prepare an Operating Agreement. Unlike most states, New York’s LLC law requires LLC members to adopt a written operating agreement. The Operating Agreement may be entered into before, at the time of, or within 90 days after filing the Articles of Organization.

What do you call a limited liability company in NY?

In New York, your LLC’s name must contain the words “Limited Liability Company” or the abbreviations “LLC,” or “L.L.C.” Your LLC’s name must be distinguishable from the names of other business entities already on file with the New York Secretary of State.

Do you need an operating agreement for a New York LLC?

New York does not require LLCs to have operating agreements, but it is highly advisable to have one. An operating agreement will help protect your limited liability status, prevent financial and managerial misunderstandings, and ensure that you decide on the rules governing your business instead of state law by default.

Where do limited liability companies file their articles of organization?

State, Department of State. Limited liability companies (LLCs) must file Articles of Organization with the New York State Department of State (NYSDOS).