Articles Of Organization Fee
This is the big one, the most important form that youll file to start your New York LLC. By filing the Articles of Organization, you are formally putting your business on record with the Department of State. At $200, it isnt cheap, but considering the filings importance, its $200 well spent. If youre in a hurry, the state also offers three expedited processing options: 24-hour for $25, same-day for $75, and two-hour for $150. The Articles of Organization is available online and in hard copies. Its a one-time filing, so this fee wont come up again.
The information youll need to file your Articles of Organization includes your LLCs official business name, the county where your LLC is located, the name and address of your registered agent, and your name, mailing address, and signature.
If you would rather get some help for this step, youre in luck! There are plenty of reputable LLC formation services that will prepare and file your Articles of Organization on your behalf. You have plenty of options for this service, but we prefer ZenBusiness. They offer great low rates and well-rounded services, and with our exclusive discount code, you can get 20% off!
Obtain A Certificate Of Status
Requesting a Certificate of Status is one of the most common and acceptable ways to verify your New York LLC.
What is a Certificate of Status?The Certificate of Status is an official notification from the Secretary of State that confirms your entity has been properly filed and is in compliance.
Why should I obtain a Certificate of Status?Many banks and businesses will request a Certificate of Status as part of the due diligence process before moving forward with any transactions or contracts.
Additionally, some states require a Certificate of Status before a business can apply for Foreign Qualification.
Who issues the Certificate of Status?The Certificate of Status is generally issued by the Secretary of State.
When can I request a Certificate of Status for my business?You will be able to request a Certificate of Status after your LLC is officially formed through the Secretary of State.
Does the Certificate of Status have an expiration date?The Certificate of Status does not expire/does not need to be renewed.
Swyft Filings can create a Certificate of Status for your New York LLC. Click here for more information.
Documents For A New York State Business License
Before applying for a New York state business license, gather the appropriate documents. Gathering the necessary documents beforehand will ensure that you receive all of the permits and licenses that you need to operate your business legally.
Other documents that you might need when applying for your license include:
- Your tax ID number
- Any licenses required to operate machinery, vehicles, or other items.
You can begin the license application process once you have gathered these items.
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Decide On A Business Structure
There are 3 basic options: a DBA, a Corporation or an LLC. .
- A DBA or Doing Business As is not really a separate structure, but just a different name that an individual or partners use as their business name.
- A Corporation is a separate entity that has a structure that includes shareholders, directors and officers. More complex than a DBA but the entity of choice for large companies and startups that intend to raise funding. Some professions are required to choose what is known as a Professional Corporation or PC .
- An LLC or Limited Liability Company is a newer type of business that is both a separate entity but provides very easy management and taxation. Has largely replaced the DBA and Corporation in popularity recently as it provides liability protection but with much less complexity than a Corporation.
What Do I Need From My Home State
A certificate of existence is required. If no such certificate is issued by the jurisdiction of formation, a certified copy of the articles of organization of the limited liability company and all subsequent amendments therefore, or if no articles of organization have been filed, a certified copy of the certificate filed as its organizational base and all amendments thereto is required.
Does it need to be an original copy?
Yes, if filing by mail or in person.
How current does the certificate need to be?
It must be current within one year of filing.
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Obtain Business Licenses For Your New York Llc
Some LLCs need to obtain specific licenses in order to do business legally in the state of New York. To see which licenses are required for your business, you can either check with the New York Department of State or you can contact a professional who knows the specific laws of New York.
In order to maintain the Certificate of Good Standing, all LLCs need to be sure that all of the required documents are submitted and that the business operates with the proper permits, if necessary.
Here Are The Steps You Need To Take To Start A Limited Liability Company In New York
By Stephen Fishman, J.D.
A limited liability company is a way to legally structure a business. It combines the limited liability of a corporation with the flexibility and lack of formalities provided by a partnership or sole proprietorship. Any business owner who seeks to limit his or her personal liability for business debts and lawsuits should consider forming an LLC.
Here are the steps you need to take to form an LLC in New York . For more information on how to form an LLC in any state, see Nolo’s article How to Form an LLC.
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What Is The Operating Agreement Required For
Although the Secretary of State will not look at the agreement, other entities will require you to present it to them. Among the scenarios that require the document are:
A Hire Us And Publish In Albany
You hire us for New York Registered agent service or to form your New York LLC . We list our business address on your Certificate of Organization. Our office is in Albany. You get to meet the publication requirement by publishing in Albany, one of the cheapest counties for publication.
Who actually reads the classifieds? Your great aunt when shes looking for a garage sale with collectible tea spoons, thats who. Publishing in an expensive newspaper is not going to give you any sort of marketing edge. Its a waste of money.
Dont waste your money. Hire us and let us take care of this bonkers requirement for you.
Easy. File a Certificate of Change for $30 with the New York Division of Corporations as soon as your publication requirement is fulfilled to change your business address. Youll still save a ton of time and money.
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Filing A Dba In Ny With The County Clerk
If your business is a sole proprietorship or partnership, then you are required to file a business certificate with the appropriate county clerks office in order to operate under a DBA.
Knowing which county to file in is simple: you must file in any county where your business conducts or transacts business.
In New York State, ALL PARTNERSHIPS, whether operating under an assumed name or not, must register a Business Certificate for Partnerships with the appropriate county clerks office. Continue reading this section for instructions on completing this step.
We will give you step-by-step directions to get a New York County DBA . If you need to register your DBA in a different county than New York County, youll need to get in touch with the county clerk for the registration requirements.
You can find your counties’ contact information here.
Filing aDBA in NYC Contact Information:
Kings County– 404-9750New York County– 386-5955
How to File a New York County DBA
At this point, you shouldve already chosen a name for your business and completed the name searches in Step 1 above.
New York County suggests searching their assumed name records before you start the DBA filing process. Those records can be found at the New York County courthouse basement at 60 Centre Street in Manhattan.
Forms
- X-74 Business Certificate form for Partnerships
- X-201 Business Certificate form for Sole Proprietorships
You Must Submit Your Business Certificate In Person
Walk In Location
Payment
How Much Does A Dba Cost In Ny
DBA filing fees vary depending on the location of the business and the business type.
Sole proprietor and partnership DBA fees are assessed by the county where the business is located. You must access your county directly for specific fee information. You can do this online or by calling the county clerk. You can find your counties’ contact information on the NYSAC.org website.
Fees for incorporated businesses like LLCs and corporations are as follows:
$25 for the Certificate of Assumed Name$10 Certified Copy of Certificate of Assumed Name$150 2-hour processing, $75 Same day, $25 within 24 hours
Additional Fees For Corporations Only
$100 for each NYC county where the business is or will be conducted within New York City $25 for each county where the business is or will be conducted outside New York City$1,950 to include every New York State county and the Certificate of Assumed Name combined
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Open Company Bank And Credit Accounts
To keep business and personal expenses separate, you should open a separate account for your business. In addition, getting business credit cards is how you begin to build a company credit profile and can later qualify for larger loans and lines of credit. To open the account simply call your chosen bank and inquire on the steps to open a business bank account. Typically youll need a) your filed paperwork, b) your EIN and c) a company resolution authorizing your company to open the account .
Create A New York Llc Operating Agreement
Creating a New York LLC operating agreement is the only way to legally lock down your LLCs management and ownership structure. Having this document in place will give you something to return to if a dispute or lawsuit arises.
Even single-member LLCs benefit from having an operating agreement.
Your operating agreement should outline the following:
- Each members responsibilities
- How new members will be admitted
- How existing members may transfer or terminate their membership
- How profits and dividends will be distributed
You can add as many provisions as you want, as long as they don’t conflict with New York business law. Take a look at our What is an Operating Agreement guide to learn more.
Download a template or create a custom Free Operating Agreement using our tool.
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Obtain Ny Business Permits
Every state and locality has different requirements for operating businesses. In New York, over 30 professions require a license from the state. Examples include barbers, security guards, healthcare professionals, home inspectors and real estate brokers. If your business is in a highly regulated industry, such as food service or childcare, youll likely need a special permit to operate. New York States Business Express Wizard can help identify the licensing regulations for your business. You can also contact your city, borough or county licensing agency to learn more.
How To Form An Llc In Ny Yourself
Are you ready to make it official? To get your LLC on the books, you need to file Articles of Organization with the New York Department of State. If youve already registered in another state, you dont need to form another LLC. Instead, youll need to submit a Certificate of Authority for a New York foreign LLC. You can only file by paper, and you must attach a Certificate of Good Standing, Certificate of Existence, or Certificate of Status from your LLCs home state. The filing fee is $250.
To start a New York LLC, your first step is to file Articles of Organization.
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Obtain Business Licenses And Permits
The licenses and permits required for an LLC in can vary, depending on a number of variables:
- Location
- Type of Business
- Industry
If you would like to see more in-depth information on licenses and permits, please feel free to visit the content in our learning library that covers business licenses and permits.
Open A Bank Account In The Name Of Your Ny Llc
The bank account will be in the name of your NY LLC. You can grant permission to other LLC members. You will most likely only be able to open up an account in person. Be sure to bring the following documents with you to your appointment:
- Stamped Articles of Organization
- Name and address on photo ID
- Any relevant filing receipt from your NY LLC approval
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Prepare An Operating Agreement
Unlike most states, New York’s LLC law requires LLC members to adopt a written operating agreement. The Operating Agreement may be entered into before, at the time of, or within 90 days after filing the Articles of Organization. The Operating Agreement is the primary document that establishes the rights, powers, duties, liabilities, and obligations of the members among themselves and to the LLC. The Operating Agreement is purely an internal document and is not filed with the Department of State. New York law is silent on the consequences of not adopting an Operating Agreement.
For help creating an LLC operating agreement, see Form Your Own Limited Liability Company, by Anthony Mancuso or use Nolo’s Online LLC.
How To Obtain An Ein Without A Ssn
Contrary to popular belief, you are not required to have a social security number to get an EIN. Simply fill out the form above and leave the part where you need to provide the social security number blank. However, you will have to call the IRS so you can have your application accepted. The number to call is 267-941-1099.
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File Your Articles Of Organization With The Nys Division Of Corporations
Once you’ve gathered all the information for your LLC, youll need to file your New York LLC Articles of Organization with the NYS Division of Corporations. This document formally creates your LLC.
Heres what is typically included:
- Your business name and address
- Details of your Registered Agent
- The county where your business is located
- Name and address of the organizer
Your Articles of Organization can be mailed, filed online via NYS Business Express or Incfile can do it on your behalf for free. The state charges a $200 filing fee for NYS LLC formation.
File by Mail:
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 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.
File A Certificate Of Publication
New York requires that all newly formed businesses owners publish a notice of business formation in two different newspapers for six consecutive weeks.
More Publication Facts:
- The LLC may publish the Articles of Organization
- The newspapers are selected by the County Clerk
- The cost for publication varies
- The deadline is 120 days within LLC formation
- The Certificate of Publication fee is $50
At the end of the run, each newspaper provides the LLC with an Affidavit of Publication that will be submitted to the Secretary of State along with the Certificate of Publication form.
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Start With A New York Assumed Name Search
New York assumed names must be unique and must also meet New Yorks business name requirements.
First, visit the New York Department of State’s website and search for your new DBA name to make sure it isnt already in use.
Next, review the New York naming requirements. In New York, assumed names should NOT include:
- Words that could confuse your business with a government agency
- Restricted words that may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your business.
Your NY County business certificate does not expire.
Change Your DBATo make changes to your business certificate, visit the County Clerks office to complete an amendment document. The New York County Clerk will supply the document and the fee to register is $121. Before heading to the County Clerks office, call 386-5955 to confirm the process and requirements for the type of change needed.
Withdraw Your DBARegister the Certificate of Discontinuance of Assumed Name Form with the New York County Clerk. For directions on how to get this form, call the county clerk at 386-5955.
Create An Operating Agreement
A sort of “instruction manual” that explains how you’ll run your business, an LLC Operating Agreement outlines how the business is divided among members, how decisions will be made and what will happen should a member leave the company.Section 417 of the New York Limited Liability Company Law requires that LLC members adopt a written Operating Agreement. It doesn’t need to be filed with the NYS Division of Corporations, but should be kept on hand to fulfill the legal requirement and to protect your business from any future changes and events.
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