How to Form a Limited Liability Company (LLC) in New York

To form a limited liability company (LLC) in New York, you should follow the steps outlined below:

1. Choose a name for your LLC
   The name of your LLC must be unique and distinguishable from other business names registered in New York. You can check the availability of your desired name by searching the New York Department of State's Business Entity Database.
2. Determine the management structure
   LLCs can be managed by the owners (referred to as members) or by appointed managers.
3. Choose a registered agent
   Your LLC must have a registered agent who is authorized to receive legal documents on your behalf. The registered agent must have a physical address in New York.
4. File Articles of Organization
   To officially form your LLC, you must file Articles of Organization with the New York Department of State. The filing fee for the Articles of Organization is $200.
5. Create an Operating Agreement
   Although not required by New York law, creating an Operating Agreement is recommended for LLCs. The Operating Agreement sets forth the rules and regulations for the operation of the LLC and the rights and responsibilities of the members.
6. Obtain necessary licenses and permits
   Depending on your business activities, you may need to obtain additional licenses and permits from state or local agencies.
7. Obtain an Employer Identification Number (EIN)
   If your LLC has more than one member, or if it hires employees, it must obtain an EIN from the Internal Revenue Service (IRS).

Some potential limitations or exceptions to forming an LLC in New York may include the need for additional filings with other state or federal agencies, depending on the nature of your business. Additionally, certain professions may have specific requirements for forming an LLC. You should consult with a licensed attorney to ensure compliance with all applicable laws and regulations.

Overall, forming an LLC in New York involves several steps that should be completed carefully and accurately to ensure compliance with state laws and regulations. You may also wish to consult with a licensed attorney to ensure that all aspects of forming your LLC are completed properly.