LLC, Business License, Incorporation
New York remains one of our most popular states for incorporation and LLC formation. With the third largest population in the United States, New York has a thriving business community. Some of the largest U.S. companies, including Citigroup, Verizon Communications, and Merrill Lynch, maintain their headquarters in New York. This state also services many small businesses, particularly in major industries like finance and communication.
A New York LLC has several advantages that can help it succeed. An LLC in New York State provides greater protection to investors from losing more money than they invest. Many companies, therefore, want to create LLCs that allow more partners to enter investment opportunities without risking excessive financial loss.
A business must complete paperwork, secure unregistered names, and pay appropriate fees before it can become a limited liability company in New York.
Forming an LLC in New York
In order to form a New York LLC, a business must complete Articles of Organization and submit them to the New York Secretary of State. The Company Corporation will submit this on your behalf using the information provided to us online. The Articles of Organization must contain the LLC Name, the County location, and the LLC's mailing address or registered agent.
When choosing a name, it is important to find one that has not already been registered by another business. The Company Corporation will review the name that you request and ensure that it is available and complies with New York's requirements. This helps to eliminate unexpected delays in the company formation process, saving your business time, money, and energy. A New York LLC operating agreement is not required by state law but it will help define each member's responsibilities for the business.
Typically, "LLC" or "Limited Liability Company" follows the organization's name. New York LLC filing restricts the use of certain words in LLC names. Words such as "legal services," "academy," "education," and "fidelity" are only allowed with the state's permission.
Some words and phrases are completely prohibited. A LLC in New York cannot use or include the following words in its business name:
- state police
- urban development
For a complete list of restricted and prohibited words, you can contact the New York Department of State.
New York LLC Tax and Fee Requirements
There are various New York LLC taxes and fee requirements that companies must pay. A $20 New York LLC fee is required when submitting the Application for Reservation of Name with the Department of State to hold the LLC name for 60 days so that no one else can obtain it. If a period longer than 60 days is needed, the Department of State may grant up to two extensions. Each extension will cost $20.
In addition to the $20 New York LLC fee, organizations must also file completed articles of organization to the New York Department of State. This process costs $200. It is absolutely necessary to submit the articles of organizations along with this payment to establish an LLC in New York.
According to Section 206 of the state's Limited Liability Company Law, all LLCs must publish information about their initial articles of organization in two recognized newspapers. After publication, you must send affidavits of publication and $50 to receive a Certificate of Publication.
The Company Corporation includes all of the aforementioned fees and performs all of these services for you as part of its LLC service package. Entrepreneurs, sole proprietors, and partnerships interested in obtaining LLC status can rely on the Company Corporation to complete these essential steps and pay the appropriate fees before the deadline on behalf of your business. As a result, your business can concentrate efforts on generating revenue and exploring new markets instead of trying to navigate the New York Department of State's complex bureaucracy.