Key Takeaways

  • Checking LLC Status: The New York Department of State’s website allows users to search for their LLC status by name or DOS ID number.
  • Certificate of Good Standing: Businesses may need this certificate to prove compliance with state regulations, especially when applying for loans or conducting interstate business.
  • DBA Filings: Businesses operating under a different name must register a "Doing Business As" (DBA) with the state.
  • Ongoing Compliance: Annual filings, tax payments, and other obligations must be met to maintain an active LLC status.
  • Dissolution Risks: An LLC may be dissolved for non-compliance with state regulations.
  • Reinstating a Dissolved LLC: Businesses can take steps to reinstate an LLC by addressing past-due obligations and filing necessary documents.
  • Professional Assistance: An attorney can assist in ensuring compliance and handling LLC-related legal matters.

You can query the availability of a New York limited liability company (LLC) name on the online database run by the Division of Corporations of the New York Department of State. The same searchable database has a list of active companies in the state. Explore the different types of searches you can do about LLCs in New York.

Looking up a Business Name in New York

The first step toward forming an LLC in New York State is obtaining a formal name. Since some names are already registered by other entities and others are prohibited, you need to find out if the name you want to file is available ahead of time. You can search online at the New York Department of State website. If the search confirms that your prospective LLC name is available, you can go ahead to reserve the name, and then file the Articles of Organization. Other steps in the formation of an LLC in New York are:

  • Appointing a registered agent for the service process.
  • Filing the Articles of Organization.
  • Filing the Certificate of Publication.
  • Getting an Employer Identification Number (EIN) if the LLC has employees or more than one member.
  • Obtaining the necessary business permits and licenses.

Doing Business As Search

New York law requires a company to use its legal name to conduct business. This is not always practical, necessitating some businesses to use tradenames or assumed names to conduct business. Such businesses file the tradename in a "Doing Business As," or DBA filing. For example, if a company whose official name is “Janet Foods LLC” desires to do business as “Janie's Ice Cream,” a DBA filing is required.

Using a DBA has the following benefits:

  • It enables the LLC to open a bank account and to transact using another name.
  • It enables the LLC to build a local brand name.

There are different requirements for the various entities to file a Doing Business As in New York state. Corporations, LLC, and Limited partnerships must file for a Doing Business As Certificate with the New York Department of State. There are limitations on the usage of certain words and phrases. The usage of words like “corporation” and “limited” is restricted and needs the approval of the secretary of state. The filing is done using a Certificate of Assumed Name form.

Looking Up the Standing of a Business in New York State

LLCs are regularly required to present a Certificate of Good Standing. Lenders normally require businesses to present a Certificate of Good Standing during loan negotiations. The New York Department of State requires foreign LLCs who wish to register in New York to present a current Certificate of Existence as one of the conditions for registration in New York.  In addition, LLCs that were formed in New York may also be required to file their certificate of Good Standing file in a different state. 

In New York, LLCs found to be not in good standing may face fines, have their members' liability protection withdrawn, and face dissolution. 

In New York state, to get a Certificate of Good Standing, also called the Certificate Under Seal or Certificate of Status, the LLC is required to send a completed application form by mail or fax, along with the filing fee of $25. It is worth noting that the business is better off having a Certificate of Good Standing ahead of time rather than rushing to obtain it in the process of loan negotiation or other legal proceedings.

It is normally easy to keep up with the requirement of having the company in good standing if it is only registered in New York state. However, it is harder to comply if the LLC is registered in several states. If your LLC is registered in several states, you can use services that can file a Certificate of Good Standing on behalf of the LLC in all 50 states.

Although there is no direct way for a third party to look up a company's standing in New York, it is possible to know if a company is active by searching its name and date or registration in the Department of State's online database. 

How to Check If Your LLC Is Still Active

If you are wondering, "Is my LLC still active?" there are several ways to verify its status through the New York Department of State:

  1. Online Database Search
    • Visit the New York Department of State’s Division of Corporations website.
    • Enter your LLC name or DOS ID number.
    • View the status, including active/inactive status and any filing deficiencies.
  2. Request a Certificate of Status
    • Also known as a Certificate of Good Standing, this document confirms that an LLC has met all state requirements.
    • It can be requested via mail, fax, or online.
  3. Contacting the New York Department of State
    • Call the Division of Corporations for direct confirmation of your LLC’s standing.
    • Be prepared to provide identifying details such as the LLC name and DOS ID number.
  4. Checking Tax Compliance
    • LLCs must file annual reports and pay any required taxes.
    • Check with the New York State Department of Taxation and Finance for tax compliance status.
    • Failure to meet tax obligations can result in the LLC becoming inactive.

Frequently Asked Questions

1. How do I know if my LLC is still active in New York? You can check the status of your LLC on the New York Department of State’s website by searching for the business name or DOS ID number.

2. What does it mean if my LLC is “not in good standing”?It means your LLC has failed to meet certain state requirements, such as filing reports or paying taxes, and may face penalties or dissolution.

3. How can I reinstate a dissolved LLC in New York? To reinstate a dissolved LLC, you must file overdue reports, pay outstanding fees, and submit a reinstatement request to the New York Department of State.

4. Do I need a Certificate of Good Standing? A Certificate of Good Standing is often required for business transactions like securing loans, opening bank accounts, or registering in other states.

5. What happens if I don’t file my LLC’s biennial report? Failure to file may result in penalties and potential dissolution of your LLC by the state.

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