Skip to content
Ask a question
All posts

What are the steps involved in forming a limited liability company (LLC) in New York?

Picture of Chris Battis By   ·  1 minute read

In New York, the steps involved in forming a limited liability company (LLC) are as follows:

  1. Choose a Name: The first step in forming an LLC is choosing a unique and distinguishable name. The name must not be similar to any other registered business entities in New York.
  2. Appoint a Registered Agent: A registered agent is a person or entity that will be responsible for receiving important legal and tax documents on behalf of the LLC. The registered agent must be located in New York and must have a physical street address.
  3. File Articles of Incorporation: To form an LLC in New York, you must file Articles of Organization with the New York State Department of State. The Articles of Organization must include the following information:
    • Name of the LLC
    • Address of the registered agent
    • Purpose of the LLC
    • Names and addresses of the LLC members
    • Name and address of the LLC organizer
  4. Obtain an EIN: An EIN or Employer Identification Number is a unique number assigned by the IRS to identify your LLC for tax purposes. You can obtain an EIN by filing Form SS-4 with the IRS.
  5. Obtain Necessary Permits and Licenses: Depending on the nature of the business, the LLC may need to obtain licenses or permits from state or local government agencies.
  6. Draft an Operating Agreement: An Operating Agreement is a document that outlines the LLC's ownership structure, management, and operational procedures. While an Operating Agreement is not required by law in New York, it is recommended that LLCs have one in place to avoid any disputes and confusion in the future.
  7. File Biennial Reports: LLCs in New York are required to file a Biennial Report every two years with the Department of State. The report includes basic information on the LLCs business and management.

It is important to note that forming an LLC can be a complex process and seeking the advice of a licensed attorney is recommended to ensure compliance with all legal requirements. Additionally, certain industries may have specific regulations and requirements that need to be adhered to, and further research may be necessary to ensure compliance.