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What are the requirements for forming a limited liability company in New York?

Picture of Chris Battis By   ·  1 minute read

To form a limited liability company (LLC) in New York, several requirements must be fulfilled. The following are the requirements for forming an LLC in New York:

  1. Company Name: The LLC must have a unique name that ends with "Limited Liability Company," "LLC," or any of their abbreviations. The name must not be identical or similar to the name of any other registered entity in New York.
  2. Articles of Organization: The LLC must file Articles of Organization with the New York Department of State. The Articles of Organization should include the following information: the name and address of the LLC, the name and address of the registered agent, and the purpose of the LLC.
  3. Registered Agent: The LLC must have a registered agent who is a resident of New York or a company that is registered to do business in New York. The registered agent is responsible for receiving legal notices and official correspondence on behalf of the LLC.
  4. Operating Agreement: Although not required by law, it is recommended that the LLC has an operating agreement. The operating agreement is a legal document that outlines the rules and regulations of the LLC. This document should include the roles and responsibilities of the members, the voting rights, and the procedures for adding or removing members.
  5. Publication Requirement: Within 120 days of forming the LLC, the LLC must publish a notice in two newspapers in the county where the LLC is located. The notice should include the name of the LLC, the date of formation, and the address of the LLC. The LLC must also file a certificate of publication with the New York Department of State.

Potential Limitations or Exceptions:

It is important to note that certain professions, such as doctors or lawyers, are not allowed to form LLCs in New York. Instead, they must form professional LLCs (PLLCs).

Suggestion for Further Action:

It is advisable to consult with an attorney who is experienced in business formation and can provide guidance on the specific requirements and limitations for forming an LLC in New York.