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What are the steps I need to take to establish a limited liability corporation (LLC) in New York?

Picture of Chris Battis By   ·  1 minute read

To establish a limited liability corporation (LLC) in New York, you will need to take the following steps:

  1. Choose a name for your LLC:

    The name of your LLC must be unique and not already in use by another business in the state of New York. You can check the availability of your chosen name by searching the New York State Department of State Division of Corporations database. Your LLC name must contain the words "Limited Liability Company" or "LLC."

  2. File Articles of Organization:

    You must file Articles of Organization with the New York State Department of State Division of Corporations. The Articles of Organization must include the name of the LLC, the address of the LLC's principal office, the name and address of the LLC's registered agent for service of process, and the purpose of the LLC.

  3. Draft an Operating Agreement:

    While not required by New York law, it is highly recommended that LLCs have an operating agreement in place. An operating agreement is a legal document that outlines the operating procedures of the LLC, such as how profits and losses will be distributed, how decisions will be made, and what happens if a member leaves the LLC.

  4. Obtain an Employer Identification Number (EIN):

    An EIN is a unique nine-digit number used by the Internal Revenue Service (IRS) to identify your business for tax purposes. You can obtain an EIN by filling out an online application on the IRS website.

  5. File a Certificate of Publication (if applicable):

    If your LLC is based in New York City, you must publish a notice of the LLC's formation in two newspapers for six consecutive weeks. After publication, you must file a Certificate of Publication with the New York State Department of State Division of Corporations within 120 days.

  6. Obtain any necessary licenses and permits:

    Depending on your industry and location, you may need to obtain additional licenses or permits before you can begin operating your LLC. You can check with your local government to determine which licenses and permits are required.

Overall, establishing an LLC in New York can be a complex process that requires careful attention to legal and regulatory requirements. It is recommended that you consult with an attorney who specializes in business formation to ensure that all necessary steps are taken and that your LLC is set up for success.