The New York Articles of Organization are the LLC forms that must be completed and filed with the state in order to create an LLC.
We’ll walk you through the three simple procedures of submitting the New York LLC Articles of Organization.
Get Forms for Your Articles of Organization
Complete the Articles of Organization.
Keep the Articles of Organization on file.
You may either download and mail your New York Articles of Organization or establish an account and submit them online.
We will assist you in completing the New York Articles of Organization form in this phase. The hard copy form contains just a few parts, however the internet form includes many optional areas.
To complete the form, you will need the following information:
Name of the Entity
LLC Office Location
Process Address Service
Registered Representative
Structure of Management
Dates of Inception and Termination
A unique and clever company name is crucial, but it is not as necessary as a legally valid name.
When selecting a name for your company, you must ensure that the name:
fits the naming criteria of New York
is not currently in use by another New York company
Adhere to the New York Naming Guidelines:
The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).
Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
To incorporate some restricted or forbidden terms, you must get clearance and/or satisfy specific restrictions.
Your name must be distinct from any other current company in the state. This lists reserved names in New York.
In New York, is your name available? Do a name search on the New York Department of State website to ensure that the name you desire isn’t currently in use.
We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.
In New York, you must provide the name of the county where your LLC’s office will be situated.
This is the address to which you want the state to send any legal notices. This address cannot be a post office box.
In New York, by default, the Secretary of State serves as the statutory agent for service of process (another term for registered agent) for all New York LLCs. You might also opt to choose a registered agent for your New York LLC.
Your registered agent may be someone over the age of 18 who resides in New York. During normal business hours, your registered agent must always be present at the registered office
You may choose whether your LLC will be run by members or management.
You may provide the dates when your LLC’s Articles of Organization will go into force as well as any anticipated dissolution deadlines. If you do not intend to dissolve the LLC, just state that it will be permanent.
You must submit the Articles of Organization with the Department of State to register your New York LLC.
You may submit your Articles of Organization in two ways:
Fill out the forms online.
Make a Business Agreement
Obtain an EIN
Establish a Business Bank Account
Purchase Licenses and Permits
A New York LLC operating agreement is a legal document that details your LLC’s ownership structure and member functions.
Although an Operating Agreement is not necessary in New York to incorporate an LLC, it is a good idea to have one. You may begin working on your operating agreement before, during, or after filing your Articles of Organization.
Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.
An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.
You may get your EIN for free by using the IRS website, fax, or mail. Read our What is an EIN article to discover more about EINs and how they might benefit your LLC.
It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.
When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. There are a few commercial operations that need licences or permissions on the federal level.
Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:
Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).
State: Use New York’s Business Express website to apply for or learn more about licences, permits, and registration.
Local: Inquire with your county clerk regarding local licences and permissions.