Choose A Unique Business Name And Complete A New York Business Search
You’ll need a distinctive and original name for your New York LLC thats not being used by any other business in the state. Our Business Name Generator can help you brainstorm names if you’re having trouble coming up with a good one. First, read up on the state’s naming rules in the New York Business Names section of this guide.Once you’ve chosen a name, make sure it’s available in the state by using our free tool to do a New York entity search. You can also perform a search on the NYS Department of State website.
Open An Llc Bank Account
Opening a bank account for your LLC is important for liability protection as the account separates the businesss funds from the members personal funds.
Several documents will be needed to open a business bank account, such as:
- A banking resolution is a document that authorizes the members to open a business bank account on behalf of the LLC.
- Copies of the original formation paperwork from the state showing the creation of the LLC.
- Drivers licenses of the members.
- Occasionally, the bank will request a New York Certificate of Good Standing to prove the LLC is active and in good standing with the state.
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Open Your New York Llc Bank Account
Put on your lucky shoes. Its time to open a business account for your LLC. Youll need to bring the bank the following:
- your New York LLCs EIN
- a copy of your Articles of Organization
- a copy of your Operating Agreement
- your business license
You need an LLC bank account to keep your business finances separate from your personal finances.
One of the biggest upsides of an LLC is that it creates a legal separation between you and your business. This separation is valuable, especially when it comes to liability.
Letting your personal and business finances intermingle erodes that separation. To keep it intact, you need to open and use an LLC bank account.
Yes. If your LLC intends to accept credit card payments, youll need a bank account for depositing funds after the payments are cleared and settled. This is a basic requirement of any payment processor, and youll need the bank account in advance of applying for your merchant account.
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New York Incorporation Services Fee
An LLC is different from a corporation in structure and organization. This means that generally, an LLC will not have to file Articles of Corporation with the state. If one did choose to incorporate within the state of New York, there are fees associated with filing the paperwork with the Department of State. In New York, these fees vary based on the type of corporation. The base fee for filing Articles of Corporation is $125. The corporation must also pay a tax based on shares in the corporation. The total cost can vary significantly based on the size of the organization and the value of the shares.
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:
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Publicize Your New York Llc
Finally, the last requirement in New York is to publish two ads in the newspaper within 120 days of the formation of your New York LLC.
The New York LLC registration is not possible without following the publication requirements of the state. In line with the 120-day requirement, it is important that one of the newspapers is a weekly paper and the other is a daily paper. You should publish your copy of a notice that your LLC is formed within New York state. A copy of the Articles of Organization may also be used.
Give The Public Notice
Once approved, New York requires you to publish your articles of organization or a notice related to the LLC formation within 120 days. You must publish the notice in two newspapersone that is published weekly and one that is handed out daily. Your local county clerk has a list of all approved newspapers. Obtain a certificate of publication from the newspaper publisher and submit it to the Department of State, Division of Corporations.
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Appoint A Registered Agent In New York
A registered agent is a person or entity that receives tax notifications, compliance information, and service of process on behalf of your LLC.
In New York, the NY Secretary of State acts as the registered agent for every New York LLC. This is required by state law. However, you can list an additional registered agent on your Articles of Organization, a document that youll learn more about in the next step.
Hire a Additional Registered Agent
You can appoint yourself as the companys additional agent, but this may not be the best move. It can be time-consuming to keep up with all the legal paperwork and stay organized while trying to launch and run a new business. Hiring an outside registered agent service like ours comes with many benefits. For example, an agent acting on your behalf can:
- Ensure you meet all New York state requirements for an LLC
- Offer consistent availability to receive documents during regular business hours
- Provide discretion by receiving legal documents away from your place of business
You may also be able to save money on publishing notices to fulfill the publication requirement, as detailed in step six. The amount of savings depends on the county in which your registered agent resides since advertising costs are much cheaper in some counties.
Get An Employer Identification Number From The Internal Revenue Service
You’ll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes, when submitting payroll information and payments for your employees and when opening a business bank account. You can obtain one directly from the IRS, or Incfile can get one for you as part of the NYS LLC formation process.
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Prepare And File Articles Of Organization
The Articles of Organization is a document that officially establishes your LLC by laying out basic information about it. New York has a form that individuals can access to file Articles of Organization.
Prepare Articles of Organization and file them with the New York State Division of Corporations to register your New York LLC properly. Though it sounds like a big job, that simply means filling out a relatively simple online form and submitting it. You can also send it by mail.
To prepare your articles, you’ll usually need the following information:
- Your LLC name.
- The county in New York where the LLC will be located.
- A New York address where the Secretary of State should mail legal documents to the LLC.
- The signature of LLC’s organizer.
- The person and address forming the LLC is required to sign the Articles.
Once you file your Articles, the secretary of state will review the filing. If the articles are approved, the LLC becomes a legal business entity.
Why An Llc In New York
Are you aware of the fact that many top-ranked global businesses are based in New York? The reason behind this is the business-friendly environment that makes New York the most favorable destination for business in the world. To start an LLC in New York, business owners need to get different permits such as building permits, signage permits, and health permits if it is a restaurant or food-related business.
Moreover, for start-ups, the New York government has many tax benefits like reducing tax liabilities and incentives like business funding options that will help entrepreneurs start an LLC in New York. Here are the insights.
Start-Up New York Program
The start-up New York program is a tax benefit program introduced by the state government to bring new start-up ideas and investments into the state. Under this program, a start-up company has to enroll themselves and select based on criteria fixed by the government. All those companies who get selected are eligible for a tax-free operation at some state locations for a period of whopping 10 years.
Federal Work Opportunity Tax Credit
Under this program, some tax rebate is provided to an LLC in New York based on hiring people belonging to a special group. These special groups are those people who have to follow issues at every step in their journey when they step out for employment. That is why the government is helping hand such people and wants the New York LLC to hire such people.
IDA Commercial Tax Incentives
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Open A New York Business Bank Account
As a best practice, LLC members should open a business bank account. There are rules to follow for an LLC to remain compliant.
One is not commingling or mixing business and personal funds. Doing so implies that the LLC is not a truly separate entity and could void the personal asset protection for members that the LLC provides.
Your accounting and tax processes are also simplified when all transactions are related to the business. Your LLC must be registered with the state to open a business bank account, and you must have an EIN.
How Do I Publish My Llc In Ny
Publishing your LLC in New York isnt that different from advertising a garage sale in the classifieds. Essentially, youre buying an inch or so of newspaper space to announce the formation of your LLC to the public. Youll need to hire two newspapers in the county where your business address is located to publish notice for six consecutive weeks. That notice should include:
- Your LLCs name, address, and county.
- The date you filed your Articles of Organization.
- Your registered agents information.
- A short description of your business activity.
- Your LLCs end date .
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Get A Business License
Depending on the business type, business owners may have to get a business license from the county clerk.
This applies to both New York LLCs and corporations that are based in NY.
The process is fairly simple as long as you follow instructions closely. Youll need an application form, which can be found on your local county site under business licenses or corporate business registrations.
Business licenses enable you to open business bank accounts, among other things.
What Is A Limited Liability Company
Before you learn about the procedures involved in how to form an LLC in New York, it is necessary that you understand what an LLC is about. A limited liability company The limited liability business structure combines the elements of a corporation, sole proprietorship, and partnership.
Having limited liability means that the owners or members of the limited liability company will typically not be held responsible if the business becomes involved in lawsuits. The same condition applies to debts. The personal assets of the owner and members will remain safe when the company is registered as an LLC in the state of New York.
Keep reading to understand the steps required to open a New York LLC. If you need help with any part of the process, contact the professionals at LLC Formations so we can help you get your business up and running.
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Step : Create A New York Llc Operating Agreement
All New York LLCs are required to have an operating agreement. This may be a verbal or written agreement.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read our New York LLC operating agreement guide.
Recommended: Download a template or create a Free Operating Agreement using our tool.
FAQ: Creating a New York LLC Operating Agreement
Do I need to file my operating agreement with the State of New York?
No. The operating agreement is an internal document that you should keep on file for future reference. However, many states like New York do legally require LLCs to have an operating agreement in place.
Assign A York Registered Agent
Someone who receives official correspondence and is responsible for filing reports with the New York Secretary of State is known as a Registered Agent. If you have an LLC, New York requires you to have a Registered Agent. You’ll appoint your Registered Agent when you file the Articles of Organization to create your business.You can fill this position, assign another manager in your business or use a Registered Agent service. If your New York Registered Agent is a person, they must have a physical street address in New York and must be present during business hours to receive important documents on behalf of your company.All of Incfiles business formation packages include Registered Agent service. Its free for the first year and just $119 per year after that. You’ll also have access to a digital dashboard to view any document we’ve received on your behalf.
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Step : Choose A Registered Agent In New York
In New York, the Secretary of State acts as the registered agent for all New York LLCs by default. You can, however, choose to designate someone besides the Secretary of State as the registered agent for your New York LLC.
If you choose to use a registered agent service, the Secretary of State will still be the first point of contact for the state and for anyone who might serve your LLC with legal action.
The Secretary of State will forward the following to your LLCs principal address or the address of your designated registered agent:
- All formation documents
- Any service of process information
- Documents regarding taxation and reporting
Why would you use a registered agent service in New York?
1. Reduce Publication Costs
New York requires newly formed LLCs to publish a notice of formation in local newspapers. Publication costs around $1,500 or more if the principal address is in New York City. A registered agent service located outside the city allows an LLC to use the registered agents address as the principal address which greatly reduces the cost of publication.
2. Maintain Privacy
New York’s LLC publication requirements mandate that your principal LLC address be publicly shared. Hiring a registered agent service will allow you to use their address instead of yours which will protect your personal privacy.
For help with completing the form, visit our New York Articles of Organization guide.
FAQ: Filing New York LLC Documents
File Articles Of Organization In Ny
You can file online through the Department of States Division of Corporations website. Just type in your LLC name and get started. Some fields on the Articles of Organization are optional and some are required heres a quick rundown for how to fill it out. You can file online, by fax, in person, or by mail. However, the online form offers more options for shaping your LLC and makes it easier to add a registered agent.
This box should be checked if an organizer is completing the Articles of Organization. Anyone can be an organizer you, a fancy attorney, Jenny from the block, or a company like us.
Heres where you fill in your killer business name just make sure it isnt taken first. You can check the New York Department of States business database to make sure its available. Be careful not to use any of New Yorks restricted words . Youll also need to tack on either LLC, L.L.C., or Limited Liability Company to the end. If you have the perfect name but arent ready to pull the trigger on forming an LLC in NY, you can reserve the name for 60 days with the Application for Reservation of a Name .
You can check this box to include the purposes statement. The statement basically affirms that youre going to do business legally and that if you need a license or other permission, youll get it. Its an optional statement. Including it can be useful if youre planning on expanding into other states down the road.
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What If I Dont Pay
Looking at all these fees, you might be thinking: how can I pay less? While you might be tempted to look for loopholes or find a way around them, this could cause you bigger problems in the future.
Right off the bat, if you fail to submit an Articles of Organization or Application for Authority along with the appropriate fee, you will not be authorized to transact business in the state and can be fined for doing so. Regarding LLC maintenance, if you miss a Biennial Statement, your LLC will be labeled delinquent, out of good standing with the state. Businesses without good standing cannot foreign qualify in most other states, apply for many business loans, renew professional licenses, and more.
Paying your taxes late or not at all will result in monetary fines depending on the type of tax, the amount due, and how overdue it is. The Department of Taxation and Finance website has a Penalty and Interest Calculator that allows you to determine how much youll owe.