Why Form a Limited Liability Company (LLC)?

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Form, Filing and Permit Requirements for a New York LLC

When you incorporate an LLC in New York State, you need to get certain forms, filings and permits in place. These include:

  • Articles of Organization
  • Business permits and licenses
  • Certificate of Publication in two newspapers
  • Department of Taxation and Finance
  • An Operating Agreement for your New York State LLC

We’ll explain what each of these are and how you file them.

NY Articles of Organization

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:

  • Your business name and address
  • Details of your registered agent

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.

New York State LLC Business Permits and Licenses

Depending on the type of business you’re running, you may need to obtain various business permits or licenses.

A Business Permit or License from Your City

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.

New York Professional LLCs

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.

  • Acupuncture
  • Architecture
  • Athletic training
  • Attorney
  • Audiology
  • Certified shorthand reporting
  • Chiropractic
  • Dentistry
  • Dietetics and nutrition
  • Engineering
  • Interior design
  • Land surveying
  • Landscape architecture
  • Massage therapy
  • Medical physics
  • Medicine
  • Midwifery
  • Nursing
  • Occupational therapy
  • Ophthalmic dispensing
  • Optometry
  • Pharmacy
  • Physical therapy
  • Physician
  • Podiatry
  • Psychology
  • Public accountancy
  • Respiratory therapy
  • Social work
  • Speech-language pathology
  • Veterinary medicine

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.

Additional Business Permits and Licenses

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.

Certificate of Publication

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.

Department of Taxation and Finance

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.

Operating Agreement for Your New York State LLC

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:

  • Legal Standing: Stating dates, formation details and other important legal information including the legal standing of your New York LLC.
  • Ownership: Voting rights, how the business operates and several other factors are affected by how ownership of the New York LLC is split between its members.
  • Ownership Percentages: The amount each member has invested and the percentage of ownership of each New York State LLC member.
  • Management Type: Declares how your LLC is managed, whether that’s by members or managers you appoint.
  • Management Relationships: Describing the legal and professional relationships between the members and the managers of your New York State LLC.
  • LLC Rules: Clarifies the policies, rules and procedures the New York State LLC will use for adding, removing, amending and making other changes to members and managers.
  • Profit and Loss Allocation: How profits and losses will be split and allocated between New York State LLC members.
  • Roles, Rights and Responsibilities: What each of your members is expected to do as an owner of your New York LLC.
  • Decisions and Voting Powers: Explains how decisions will be presented, discussed and acted on, including the voting rights of each New York State LLC member.

New York State state law requires you to have an operating agreement for your LLC. An operating agreement:

  • Strengthens your legal standing as a New York State LLC
  • Removes confusion by clearly stating how your business will operate
  • Reduces misunderstandings and disagreements between New York State LLC members
  • Reduces the need for every member of an LLC to approve and sign off on every decision

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.

NY Biennial Statement

You must file a statement every other year to the New York Secretary of State.

NY Annual Tax Filing

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.

Ready to Start your New York State LLC?

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.

Only $49 + State Fee To Launch Your Business

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What are the fees and requirements to form a business in New York?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$205 5 Business Days 1 Business Day

Compliance Requirements

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.

Annual Report

Frequency: Biennially

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)

Learn more about starting a business in New York

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