When you incorporate an LLC in New York State, you need to get certain forms, filings and permits in place. These include:
We’ll explain what each of these are and how you file them.
Articles of Organization are the formal documents you file with the New York State Secretary of State to create your LLC. They state certain information about your business. Once the articles are filed with and accepted by the secretary of state, it legally creates your business as an LLC in New York State. Here’s what’s typically included:
Here at Incfile we automatically create and file your Articles of Organization on your behalf when you start your business with us. You only need to file your certificate once.
Depending on the type of business you’re running, you may need to obtain various business permits or licenses.
Various cities in New York State have slightly different rules and fees for permits and licenses. Check with your local city administration to see what their rules are. You may need a separate permit or license for each city your New York State LLC operates in.
In New York, certain professions can form “Professional LLCs.” These are companies providing defined, professional services, and they typically need to be specially licensed. In New York, businesses engaged in the following activities are considered professional service organizations and must be properly licensed and regulated.
Further information is available from the New York Secretary of State website.
Incfile provides a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new professional LLC.
Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state of New York or licenses from the federal government. You can find more information on New York State's Department of Taxation and Finance website about local taxes and permits and information on the SBA's website about federal ones. The frequency of how often you need to file permits varies depending on the permit type.
If you’d rather have someone do the research for you, Incfile offers a Business License Research service for $99 additional fee to your online formation package of choice. With his add-on, a licensing specialist will determine all of the permits and licenses required for your specific industry and city-, state- or county-level jurisdictions.
Within 120 days of forming your LLC, you are required to publish details of your company formation and articles of organization in two newspapers for a period of six consecutive weeks. The newspapers will be designated by the county clerk of the county in which your LLC is located. The newspapers will charge for this service.
In most cases you will need to register with the Department of Taxation and Finance. This is normally the case if you sell taxable products or services in New York State.
Although setting up a New York State LLC is very easy, managing an LLC can be more complex. One way to make sure everyone is working to the same aims and priorities is by creating an operating agreement. Your operating agreement should include areas like:
New York State state law requires you to have an operating agreement for your LLC. An operating agreement:
Your operating agreement only needs to be created once and updated if significant changes are needed. The good news is, Incfile provides an Operating Agreement with most packages and it can also be individually added to our basic Silver package. Our Operating Agreement provided will be a general template that covers the top 20 most common provisions for any new business. As your business evolves, you can make changes anytime as you see fit as this is an internal company document for LLC members and not filed with the state or IRS.
You must file a statement every other year to the New York Secretary of State.
LLCs will need to file annually with the tax department in New York State. You can find additional details on the Department of Taxation and Finance website.
As you can see, there are several forms and permits you need to conduct business, both initially and that you’re required to submit on an annual or biannual basis.
Incfile provides a cost-effective service to help you create your New York State LLC. We guide you through the process and handle most of the administrative steps, such as filing the articles of organization on your behalf. Our basic package also provides a free registered agent service for the first year. If you're looking for help to start an LLC, our comprehensive services provide outstanding value.
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This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.
Due Date: During anniversary month of organization.
Filing Fee: $9
Important: Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.
(We do not assist in the filing of the Publication Requirement)
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