How to Form an LLC Program in New York
- 1). Print the Articles of Organization application packet provided by the State of New York Division of Corporations, State Records and Uniform Commercial Code. Only begin the application process after you have sought legal council regarding the decision to form your business into an LLC. New York does not require a lawyer to review or sign off on the Articles of Organization but it is recommended by the New York Department of State to have a lawyer review your application packet.
- 2). Contact your local county clerk as well as the local city clerk to determine if your type of business requires local licensing or permits. The New York Department of State states certain businesses require not only local licensure/permits but also state licenses or permits. Contact the Governor's Office of Regulatory Reform at 800-342-3464 to inquire about state licensure or permits required before you apply for an LLC.
- 3). Select an official name for your business. This name must include one of the following: LLC, L.L.C. or Limited Liability Company. Enter this information in the title section, first section and the first section on the last page within Articles of Organization application packet. Business names must be unique, thus determine the availability of your business name by searching the Corporation and Business Entity Database by the New York Department of State. Take note that each inquiry carries a fee of $5.00 per search, as of 2010.
- 4). Enter the county the LLC will be located in within the second section of the Articles of Organization. Only enter the county name, not the physical address of your business. Lastly, have the organizer of this application sign and print his name and review the application. Include the $200 (as of 2010) filing fee after you have reviewed the Articles of Organization packet.
- 5). Submit the Articles of Organization by mail to the New York State Department of State, Division of Corporations, 1 Commerce Plaza, 99 Washington Ave., Albany, NY 12231 or in person at the above address. After you have filed, the Department of State will issue you an official filing receipt. This is the only official record you will receive regarding your application. You will be notified of the Secretary of State's decision within 60 days.
- 6). Contact two local newspapers and place a notice within the paper regarding the formation of a New York LLC within 120 days after your application was approved. The notice should consist of the LLC name, official filing date, county the LLC operates out of, LLC address and the purpose of your business.
- 7). Obtain an affidavit of publication provided by each newspaper publisher after your notice has been published. Contact the newspaper publishers and request an official affidavit of publication. Take note there may be a fee to receive this document.
- 8). Fill out the Certificate of Publication provided by the New York Department of State and attach the two publication affidavits. Mail to the Department of State, Division of Corporations, 1 Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. After the Department of State has received the Certificate of Publication you will be an official LLC within the state of New York.