Register LLC in NY: Everything You Need to Know
To register LLC in NY, there are a few steps you need to follow. These include choosing your LLC name, selecting your registered agent, filing your Articles of Organization, completing publication requirements, crafting an operating agreement, and obtaining an employer identification number (EIN).3 min read
To register LLC in NY, there are a few steps you need to follow. These include choosing your LLC name, selecting your registered agent, filing your Articles of Organization, completing publication requirements, crafting an operating agreement, and obtaining an employer identification number (EIN).
LLC Naming Guidelines in New York
When registering an LLC in New York, you should first research existing business names on the State of New York website to make sure the name you choose is unique. Pick a name that is relevant to your business venture and easily remembered by potential customers.
In New York, your LLC business name must contain the phrase “limited liability company” or one of its abbreviations (i.e., “LLC,” “L.L.C.,” “Ltd.,” etc.). Restricted words such as “university,” “bank,” or “attorney” are not allowed unless you have the required licenses and additional paperwork. Other prohibited words include those that can confuse your company with a federal or state agency, such as “secret service,” “FBI,” or “treasury.”
If your preferred LLC name is available on the state website, go ahead and reserve your domain name for your future website. At this point, you'll also want to choose a business email address.
Your LLC must:
- Be distinguishable from other business names
- Be approved by state agencies
- Include the required words to qualify the name with the Department of State
When in doubt, have your LLC name checked by the state for availability before filing the formation documents. You can obtain an official determination of availability by sending written notice to the Department of State's Division of Corporations. Be sure to state that you are simply inquiring about whether the name is available. Include $5 for each name you wish to check. If you receive a positive response that the name is available, make a copy of the response and include it with your filing documents (this step is optional).
If your name is available and you aren't yet ready to file, you can reserve it for up to 60 days by filing an Application for Reservation of Name with the New York Department of State Division of Corporations via mail and paying the $20 filing fee.
Selecting a Registered Agent
In New York, the Secretary of State automatically acts as your LLC's registered agent. However, you can select your own registered agent if you file your formation documents online.
A registered agent is a person or business entity with a physical New York address who must be available during regular business hours to receive official correspondence, such as all formation documents and service of processes. One of the benefits of choosing your own registered agent is that, if you select someone who lives outside the city, you can reduce your publication costs.
No matter who your registered agent is, you must provide a physical New York address where you and any other LLC members can be reached should a suit be filed against your LLC.
New York LLC Publication Requirements
New York requires new LLCs to publish a notice of formation in local newspapers. Depending on the LLC's principal address, this publication can cost around $1,500. Once the publication requirement is met, you can change your LLC's principal office to anywhere in the state without having to republish a notice in other newspapers.
You must publish a notice of formation in two newspapers, one daily and one weekly, within 120 days of forming your LLC. Alternatively, you can publish your articles of organization instead of a formation notice. The newspapers you choose must be designated by the county clerk's office in the county in which your business is located.
Once your publication comes out, the publisher or printer of the newspaper will give you an affidavit of publication. You must submit this affidavit, along with a Certificate of Publication, to the New York Department of State, Division of Corporations and pay the $50 filing fee. The filing fee must be paid with a credit card, money order, or cash. Money orders and checks can be made out to “Department of State.”
Filing an Articles of Organization
Filing your Articles of Organization in New York can be done online or via mail. File the DOS-1336 form with the New York Department of State and include the $200 filing fee.
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