Llc new york
Here's an overview of forming an LLC in New York:
Step 1: Choose a Business Name
- The business name must include the words "Limited Liability Company" or "LLC" or "L.L.C."
- The name must be unique and not already in use by another business in New York
- You can check the availability of a name using the New York Department of State's business entity database
Step 2: Appoint a Registered Agent
- A registered agent is a person or business that agrees to accept legal documents on behalf of your LLC
- The registered agent must have a physical address in New York
- You can appoint yourself as the registered agent, but you must have a physical address in New York
Step 3: File Articles of Organization
- The Articles of Organization is a document that formally creates your LLC
- You can file online or by mail with the New York Department of State
- The filing fee is $200
- The document must include the following information:
- Business name
- Address of the LLC
- Name and address of the registered agent
- Purpose of the LLC
- Name and address of the organizer (the person or entity that is forming the LLC)
Step 4: Create an Operating Agreement
- An operating agreement is a document that outlines the ownership and operational structure of your LLC
- It is not required by the state, but it is highly recommended to avoid conflicts and ensure the smooth operation of your business
- The operating agreement should include the following information:
- Ownership structure (e.g. who owns the LLC and what percentage of ownership each owner has)
- Management structure (e.g. who manages the LLC and how decisions are made)
- Profit and loss distribution (e.g. how profits and losses are distributed among owners)
Step 5: Obtain Any Necessary Licenses and Permits
- Depending on the type of business you are operating, you may need to obtain additional licenses and permits from the state or local government
- For example, if you are operating a food business, you may need to obtain a food service permit from the New York State Department of Health
Step 6: Comply with Annual Filing Requirements
- New York LLCs are required to file an annual report with the Department of State
- The annual report must be filed by the anniversary date of the LLC's formation
- The filing fee is $9
Additional Requirements
- New York LLCs are required to have a tax identification number (EIN) from the IRS
- You may need to obtain additional licenses and permits from the state or local government depending on the type of business you are operating
- You may need to comply with additional requirements depending on the specific industry or profession you are in
It's a good idea to consult with an attorney or accountant to ensure that you are in compliance with all of the requirements for forming and operating an LLC in New York.