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ready to turn your dream of starting a business into a world ? You ’ re likely diffident where to start .
We understand that this action can feel consuming. That ’ randomness why we ’ ve compiled all the information you need in one place. In this template, we will show you how to create a New York limited liability company. Keep read to find the answers to your questions about starting an LLC in New York .
To start an LLC in New York, one must file Articles of Organization through the New York Department of State web site. however, there are extra steps to take. For exemplify, you need to decide on a occupation name and create an operate on agreement .
We have ZenBusiness services to help you with all of these tasks involved with how to get an LLC. In this article, we ’ ll show you how the process works .
The procedure is relatively straightforward. however, this bit-by-bit steer will cover precisely how to start a New York LLC. It ’ south crucial not to miss any necessary paperwork, fees, or license requirements .
As you check off each task, you ’ ll be one step closer to getting your New York LLC astir and running .
Step 1: Name your New York LLC
The very first step in starting a limited liability ship’s company in the Empire State is picking a mention. More than probable, you ’ ve credibly given this some thought before you decided to file an LLC. What do you want to call your business ? It ’ s a simple question, but it has boastful implications. While you can always change a business name in the future, it ’ mho best to pick a name that will endure. particularly if you ’ re creating a consumer-facing occupation, you ’ ll want to pick a name that ’ mho easy to remember and resonates with your customers .
Find the perfect name
Enter a few keywords to get started.
When you think you ’ ve found a mention, you ’ ll want to ensure that it ’ mho not already taken. To learn how to do this, you can go to our New York business entity search page .
New York LLC Statute Requirements for Naming LLCs
It ’ mho important to note that New York LLC law requires LLC names to end with one of the follow designators :
- Limited Liability Company
additionally, it must be a unique identify that can ’ triiodothyronine be misinterpreted as an existing business mention. Some words and phrases are prohibited or restricted depending on the type of goods or services that your LLC will offer .
How to Reserve a New York LLC Business Name
once you ’ ve found an available list, you might not be fix to take the following step and file your New York LLC Articles of Organization right away. New York gives you the option to reserve a identify by submitting an lotion for Reservation of Name. It places a 60-day carry on your intended name, preventing any other entities from using it to register their businesses .
You will have to forward your application to :
New York Department of State, Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
however, it ’ mho authoritative to note that reserving a mention doesn ’ thymine entail that New York has approved your diagnose request. It alone prevents early limited indebtedness company registrants from using your intended diagnose when they submit their LLC forms .
If you need help reserving your limited liability company name with the New York Department of State use our business name booking service .
Reserve a Web Domain Name that Resonates with Your LLC
This is besides the perfect time to think about how your business mention will translate to use on the internet. A domain name is your web site address and can be used for your ship’s company e-mail address, besides. You ’ ll want your knowledge domain name to be a close to your limited liability company name as possible to easily identify you to your customers .
You ’ ll want to do a world name research to see what ’ s available to use. Once you ’ ve decided on a identify, take advantage of our services to well register your knowledge domain identify. We can besides take care of reserving your LLC identify .
File for a New York DBA Name
once your LLC is registered with the department of state, you can do business under that name. however, if you plan to do business under a variation of that name or an entirely different diagnose, you ’ ll need to file a Certificate of Assumed Name with the state. An assume name, besides known as a New York DBA name, can be filed in New York for a fee or you can let us file it for you. The state recommends that the bear name document be completed under the guidance of an lawyer .
Protect Your LLC Name with a Trademark
Another thing you ’ ll need to think about is whether you want to register a brand in New York and, more importantly, if your desired name is already trademarked by person else. A trademark is a word, name, symbol, or a combination of any of these that businesses use to identify their goods or services. Trademarks are utilitarian in ad and marketing. They help consumers to recognize your products and set you apart from competitors .
Trademark adjustment can add another level of auspices to your LLC ’ second diagnose. The express doesn ’ triiodothyronine ask you to register a hallmark, but you can do therefore by mailing a brand application with the necessity tip to :
New York State Department of State, State Records
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
You can besides register your trademark at the federal level for broader protection. You ’ ll need to inquiry existing trademarks with the United States Patent and Trademark Office ( USPTO ) to ensure what you want to use is available. The monetary value to register varies depending on which filing serve you choose .
Step 2: Appoint a registered agent in New York
Do You Need a Registered Agent in New York
A register agent is a person or entity that receives tax notifications, submission information, and service of procedure ( lawsuits ) on behalf of your LLC .
In New York, the NY Secretary of State acts as the register agent for every New York LLC. This is required by state law. however, you can list an extra register agent on your Articles of Organization, a text file that you ’ ll learn more about in the adjacent footfall .
Hire an Additional Registered Agent
You can appoint yourself as the company ’ s extra agent, but this may not be the best move. It can be time-consuming to keep up with all the legal paperwork and stay organized while trying to launch and run a new business. Hiring an outside registered agent military service like ours comes with many benefits. For model, an agent acting on your behalf can :
- Ensure you meet all New York state requirements for an LLC
- Offer consistent availability to receive documents during regular business hours
- Provide discretion by receiving legal documents away from your place of business
You may besides be able to save money on publishing notices to fulfill the publication necessity, as detailed in step six. The amount of savings depends on the county in which your registered agent resides since advertising costs are much cheaper in some counties .
Step 3: File New York Articles of Organization
now that you ’ ve selected a identify, you need to register your New York LLC. Filing your New York Articles of Organization certificate legally forms your LLC in New York. It provides the government with critical data about your business for the express ’ s records. The certificate acts as proofread that your LLC was formed and exists as a business entity .
Consider Using Professional Help
Filing official government documents like this can be intimidating and/or complicated for many people, which is why we ’ re here. With our business formation plans, our professionals handle the file for you to make certain it ’ sulfur done quickly and correctly the beginning time .
Mail Your New York LLC Documents In or File Online
New York allows hopeful business owners to register and file all of their initial required documents online. however, if you ’ re not comfortable with filing your LLC on-line, you can download printable Articles of Organization, fill the form out in black ink, and mail it in for file. Send your completed Articles of Organization document and a nonrefundable file tip to :
Department of State
Division of Corporations, State Records, and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave
Albany, NY 12231
For filers who opt to file on-line through the New York State web site, you can expect that it will take approximately seven occupation days for your application to be processed. Expedited services are available, including 24 hours, same day, and two hours .
When You Choose to Register a New York LLC Online
To create an LLC on-line through the New York department of state web site, you ’ ll need to create a New York Gov ID history. once this is dispatch, you ’ ll continue through the trace steps :
- Name determination: Enter your desired name, and the state’s database will confirm if it’s available or redirects you if not. Remember, it must contain “Limited Liability Company,” “LLC,” or “L.L.C.” in the name.
- Name verification and county: This portion of the New York LLC registration confirms that you have selected the correct name. It will ask you if it includes any foreign or non-English words or phrases. You will also need to confirm which county within New York your business will operate in. For example, if you are registering an LLC in New York City, it will be either one of the four counties – Kings, Richmond, Bronx or Queens. There are also two optional clauses you can check. Both are prefilled and require checking a box. The first affirms that you are over the age of 18. The second confirms that your LLC is not required to receive consent from a state official or governing body before beginning operations.
- Service of process/registered agent: You need to create a file of who should be contacted in the event of a lawsuit and where that suit should be sent. In New York, the Secretary of State is always the registered agent for every LLC. However, as mentioned above, you can list an additional registered agent. Important note: New York requires you to publish notification of your LLC’s formation (see step 6 below), which can be quite expensive depending on where your registered agent’s address is. Having your registered agent’s office in a less expensive county for publication could save hundreds of dollars.
- Optional statements: Here, you can choose to add optional statements that designate who is authorized to manage your LLC.
- Organizer attestation: In this section, you’ll list the details of the organizer (the person creating the filing). This includes the organizer’s name and address. If you’re using the same address that was previously provided in the name verification and county section, you can click “Use of Service of Process Address” to auto-populate these fields. You’ll also include a typed version of the organizer’s signature.
- Filer attestation: This is the final step in submitting your New York LLC Articles of Organization before you must submit payment. You will include the filer’s name and address. You’ll have the option to choose between prepopulating the address fields with either the service of process address or the organizer address if the two are different. You’ll also include an email address and re-enter it for confirmation.
When You Need Help with LLC Formation In New York
If you have us handle filing your Articles of Organization, once the state of matter approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other crucial paperwork digitally organized .
once you get your physical paperwork back from the state approving your modern LLC, you ’ ll want to keep it in a safe location along with your early authoritative documents, such as your engage agreement, member certificates, contracts, complaisance checklists, transfer daybook, etc. We offer a custom-make business kit to help you keep these authoritative documents organized and looking professional .
Step 4: Create an operating agreement
A New York LLC operating agreement is a legally binding document that all members of an LLC harmonize on and sign. According to New York LLC law, your LLC operate agreement can be entered into by members before, at the clock time of, or within 90 days after the filing of your Articles of Organization. This agreement outlines the rules, regulations, and procedures of your commercial enterprise operations. A solid LLC operating agreement may besides document :
- Any member limitations
- Each member’s rights and responsibilities
- Each member’s initial investment in the company
- Distribution of profits
- Voting rules for members
- Succession plans should a member leave
- What events may cause the dissolution of the LLC
- How to handle dissolving the LLC
- How to amend the agreement
An operate agreement makes it clear to everyone from the beginning how your business will be run. Should there be an topic, such as a management dispute, you can turn to the agreement to help resolve it .
If you are diffident how to create an operating agreement for your LLC in New York, we offer a customizable template to help get you started .
Step 5: Apply for an EIN
The next step in your New York LLC formation is obtaining a Federal Employer Identification Number ( FEIN ), besides known as an Employer Identification Number ( EIN ) or tax ID number .
Every New York LLC with employees or more than one penis will need this nine-digit issue. An EIN is required for tax purposes and fiscal paperwork, including filing New York submit taxes, hiring new employees, and opening company bank accounts .
You can get your New York LLC ’ s EIN through the IRS web site, by mail, or by fax. If you are unfond of dealing with that particular politics agency, we can get it for you. Our EIN service is quick and eliminates the hassle .
once you ’ ve secured an EIN, you ’ ll be able to open a business bank account. Having separate accounts for your business and your personal bank is critical for sorting out your finances at tax time and helps you avoid commingling funds. Commingling funds can not lone make your taxes more difficult but it could besides be used against you if person takes you to court to challenge whether you and your LLC are in truth discriminate entities .
We have partnered with LendingClub to offer a discount bank report for your new occupation. This allows for outright transactions, on-line banking, a debit batting order, and more. When you want to authorize others in your business to use the account, we offer a bank resolution template to simplify the procedure.
For further avail managing your new business ’ south finances, try the ZenBusiness Money App. It can help you create invoices, receive payments, transfer money, and pull off clients all in one stead. We trust by now you have a better reason of how to form an LLC in NY .
Step 6: Meet the New York LLC publication requirement
once you ’ ve successfully filed your Articles of Organization, New York LLCs are required to publish a copy of their Articles of Organization or a notice about the LLC ’ south formation within 120 days of its effective date. The notices must be published once each week for six consecutive weeks in two classify newspapers. The first newspaper must be a weekly issue, while the moment has to be a casual newspaper. Newspaper designations are determined by the county clerk. By law, the notice must include :
- The name of the LLC
- The purpose of your business
- The filing date of the Articles of Organization with the state
- The county in which the business office of the LLC is located
- The street address of the principal business location, if any
- A statement that the Secretary of State has been designated as the registered agent
- An address where the Secretary of State can receive service of process
- The name and address of an additional registered agent, if any, who can receive service of process for the LLC instead of the Secretary of State
- A specific date of dissolution, if any
The publisher of each newspaper will provide an Affidavit of Publication once the poster has been published. You ’ ll send the affidavits to the New York Division of Corporations with a completed New York Certificate of Publication human body and a check to pay for the file fee .
New York LLC Formation Notice Publication Costs
issue costs in New York can be quite expensive depend on where your register agent ’ mho cover is. More populous counties such as New York, Bronx, and Queens can have publication costs over $ 1000. This is one way a file agent service can save you money. For exercise, our registered agentive role service is located in Albany County, which is the least expensive New York county to publish in. Check out our New York Publication Service for more information .
New York LLC FAQs
- How much does it cost to start an LLC in New York ? Considering the cost of the filing tip and the New Your LLC issue requirements, forming your LLC in New York could range from $ 200 to $ 2,220, and that ’ s before paying for any command licenses, permits, and indemnity policies. Plus, there are more fees associated with brand, world name, and assumed name registrations .
note that fees change over time, so check the New York Department of State web site for the most holocene fee agenda .
- What are the benefits of an LLC in New York ? LLCs aren ’ t the only type of business you can form in New York. however, 90 % of our customers choose to form an LLC over all other types. Compared to corporations, limited partnerships, and other forms of entities, LLCs come with enticing benefits for small businesses .
Forming a New York LLC means you ’ ll enjoy the follow benefits :
- Personal asset protection: Your personal liability will be separate from your business liability and debts.
- Avoid double taxation: You’ll only pay personal taxes rather than both personal and corporate taxes, as opposed to most corporations.
- Flexible management: You’re not required to have a board of directors or annual meetings, unlike corporations.
- Less reporting: Compared to corporations, LLCs have fewer required meetings and reports.
There are many more advantages to forming an LLC in New York because little businesses make a boastfully impact in the Empire State. belittled businesses make up 98 % of the state ’ second businesses and employ more than 50 % of the state ’ mho private-sector work force .
New York wants raw startups to succeed and grow, so they can strengthen the department of state ’ south economy and improve residents ’ lives. The state provides defend by offering fund programs, tax incentives, and more. here ’ s a closer count at extra business benefits specific to New York :
- Incentives: New York eases economic burdens for businesses by offering tax incentives, business incentives, and tax credits. Financial incentives are available to companies that locate in strategic areas, invest in their employees, partner with universities, and improve their business facilities.
- Operational support: The state offers a wide range of business training, assistance programs, and resources for entrepreneurs that can benefit your LLC. For example, employers can receive tax credits through the Employee Training Incentive Program. This program encourages business owners to offer internship programs in the fields of advanced technology, software development, life sciences, and clean energy. It also encourages skills training for current employees that improve knowledge and productivity.
- Growth support: New York provides financial support to many businesses to encourage growth. These incentives include a variety of loans, grants, investment funds, and other financial assistance programs.
- Innovation development support: The state supports new businesses by offering innovative technology resources. Programs are designed to help businesses produce new products and leverage the state’s technological strengths. Universities are often a source of research and innovation. New York encourages collaboration between universities and businesses through financial incentives.
For a more in-depth front at why an LLC might be a better choice for you, see our breakdown of what an LLC is and how it compares to a corporation .
- How is a New York LLC taxed ? LLCs are typically considered “ pass-through entities, ” meaning they are not subject to corporate taxes. rather, the profits are passed through to the owner ’ s personal income, and the province to pay federal income taxes falls only on the individual ; in a typical pot, profits are taxed at both the business degree and the person owners ’ level .
however, New York LLCs are required to pay an annual file fee. Single-member LLCs assume the default tax status of a dismiss entity, while multi-member LLCs assume the partnership ’ mho default tax status. Filing fees will differ for each entity, as it is based on your LLC ’ s megascopic income from the former tax year .
If your LLC has not made any income and does not have any gains, losses, or deductions from New York, you will not be required to pay a fee. For all others, the fee can range from equally little as $ 25 to $ 4,500. For more detail information, visit the Department of Taxation and Finance ( DTF ) web site.
Your New York LLC may besides be submit to diverse early taxes, including :
- New York state expects you to pay annual franchise taxes that are due by the calendar year or fiscal year. For calendar year filings, these taxes are due by April 15, and for fiscal years, they are due within three and a half months after the end of a reporting period. Most New York LLCs will be required to e-file their franchise taxes.
- If you are selling items and plan to collect sales tax — even if online — you’ll need to request a sales tax license from the state of New York. In New York, sales tax is paid monthly, quarterly, and annually, depending on the total amount of your taxable receipts in the previous filing period.
- For LLCs with employees, you also need to manage withholding taxes. New York requires all withholding taxes to be filed online. While you’re required to report wages and withholdings every quarter, you must remit the payment if you’ve withheld $700 or more during one calendar quarter. And that payment is due within three to five business days after the payroll period that triggered this amount has closed.
Calculating business taxes can be headache-inducing in any submit, but particularly New York. It ’ sulfur highly advisable to seek out a qualify tax professional for help .
- What is the process clock time to form my New York LLC ? If you file by mail, your Articles of Organization will be processed with the New York Department of State in five to seven commercial enterprise days ( not including transportation system time ). If you file on-line, your paperwork should be processed immediately after approval .
New York besides has options for expediting your file for an extra fee. If you ’ re in a hurry to form your LLC and don ’ t want to deal with the state ’ mho expedited charge processes, ZenBusiness can handle it for you with our fast filing speeds service .
- Do I need to file my operate on agreement with the state of New York ? No. The engage agreement is kept internally by the LLC members. however, New York legally requires LLCs to have an operating agreement .
- What tax structure should I choose for my New York LLC ? By default, your LLC will be taxed by the IRS as a sole proprietorship ( “ disregarded entity ” ) if it has lone one penis or a partnership if it has multiple members. You besides have the choice of being taxed as a pot. You ’ ll choose the tax structure for your New York LLC when you apply for an EIN. The tax structure is besides known as entity classification. Examine the unlike tax classification options and consult an accountant so you can confidently choose which social organization is right for your LLC .
- Does New York allow a Series LLC ? No, New York doesn ’ triiodothyronine allow a Series LLC. A Series LLC is a type of LLC that consists of one chief LLC under which multiple LLCs, or “ series, ” are formed. The main LLC controls all the LLCs organized below it, even though these LLCs are each treated as branch entities with their own assets and members. The debt and obligations from one LLC won ’ thyroxine pass to another in a Series LLC .
- Which licenses and permits are required for an LLC in New York ? New York doesn ’ triiodothyronine have a statewide commercial enterprise license prerequisite, but local governments might require a general business license when operating in their jurisdiction. however, there are specific business operations that will need extra licenses to operate legally .
Licenses and permits can be required on a federal, state, or local level, so you ’ ll indigence to do some research to discover which ones your clientele requires, or have a professional serve conduct the search for you .
If you don ’ t have the time or tendency to do all this research, or if you good want the peace of take care to know that your business has all the licenses and permits it ’ s legally required to have, our business license report servicing can do the employment for you .
- What is the New York LLC publication requirement ? New York requires newly created LLCs to publish a formation announcement in two newspapers once a workweek for six back-to-back weeks. This prerequisite, found in Section 206 of the New York State LLC Law, dates back to when newspaper ads were the merely room to ensure the public was notified and remains a requirement to this day. If you choose to ignore the New York LLC issue prerequisite, your company ’ mho authority to do business in the state can be suspended .
- How do I dissolve my LLC in New York ? If you decide that the time has come to dissolve your LLC, New York requires that you fill out an Articles of Dissolution form within 90 days of when you decide to close your business formally or wind down services in formulation for close. To do thus, you will need to submit this form via mail and pay a file fee .
- Can a New York LLC own out-of-state property ? Your New York LLC can own property in another department of state ; however, you will probable need to register as a foreign LLC in that express. This will require extra paperwork, depending on the state you choose .
- How do I add a member to an LLC in New York ? Adding a extremity to an LLC is relatively square. You ’ ll first need to review your function agreement, as this document should outline how your business handles the addition of modern LLC members. If your LLC is member-managed, you may need consent from specific members before adding a member. similarly, if your LLC is manager-managed, you may need approval from the coach .
once the new member has been voted in or approved, you will need to amend your operate agreement or draft a newfangled agreement to document the changes. When making these changes, ensure that you include the modern extremity ’ mho roles, duties, responsibilities, distributions, allocations, and voting rights .
- When do I file my New York LLC biennial statement ? You ’ re required to file your New York LLC biennial affirmation or biennial report every two years with the New York Department of State. It is ascribable every two years during the calendar month in which the business was formed. For case, if you formed your LLC in January of 2020, your beginning biennial report would be due by the goal of January 2022 .
This is another undertaking we can help you with using either our annual report service or Worry Free Compliance service .
- Can an LLC from another express do occupation in the submit of New York ? If you have a alien LLC, it can conduct business in New York after you complete and file an application for Authority with the Department of State .
- What ‘s the dispute between a New York LLC and S Corp ?
An LLC is a business entity, while S Corp is a tax charge. Learn more about the differences and compare New York LLCs vs. S Corps .
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