Incorporate or Form LLC In New York

The Great State of New York is one of the main spots on the eastern coast of the United States and there is great reason for this.  It is such a sought after destination because it is a financial center, it has wall street, upstate NY is just beautiful, and it has 4 seasons.  No matter the reason why people decide to live and work in NYC or Greater NY, it is such a huge economy that many people decide to start a business here.  If you are looking to form an LLC in New York or to Incorporate in New York, we hope that you find the information on this page and website useful.

How to Form an LLC in New York

The process of forming an LLC in New York is well defined if you spend time on the NY Secretary of State Corporations website.  On this website you will be able to research a name for your business, find helpful forms, and information packets.  Here are some of the basic steps:

1. You will need a name for the business.  You can research NY LLC Business Names here.
2. Next, you will need to note the county that you are located in.
3. Then, you'll need to provide the name and address of a Registered Agent located in New York.
4. Finally, you'll need to provide the name and address of the Organizer who is filing the LLC. 

Now, these are the basic steps and you can do more depending on your situation and your requirements.  This is from the basic form to Form an LLC in New York.

Picking a Name for your LLC in New York

Finding a great name for your LLC in New York is challenging and may take you some time to complete.  You will need to be searching for a name that makes sense for your business and also is compelling for you.  Some people also want to make sure that the name is aligned with the domain name that they want for their business.  Just a note, you can operate a domain name different than your registered LLC name, they don't have to be the same.  In general you can file a NYC DBA to associate the two entities.  In general, DBA, or assumed names are filed by the local city.  You will be able to file with your local business office so be sure to Google their office name. 

The Limited Liability Company Law requires that the name end with “Limited Liability Company,” “LLC” or “L.L.C.” The name of the limited liability company must be uniformly stated throughout this certificate.

What are the special requirements of an LLC in NY?

• The members of an LLC are required to adopt a written Operating Agreement.  The Operating Agreement is the primary document that establishes the rights, powers, duties, liabilities and obligations of the members between themselves and with respect to the LLC. 
• A copy of the Articles of Organization or a notice related to the formation of most limited liability companies must be published in two newspapers for six consecutive weeks.
• LLCs are required to file a Biennial Statement updating their contact information every two years with the New York Department of State setting forth the address to which the New York Secretary of State shall mail a copy of any process accepted on its behalf. 

How to Incorporate in New York

The steps to Incorporate in NY are similar to filing for an LLC as we mentioned above.  There are some differences though so I will go over them on this page.  The one major difference as far as filing goes is related to shares.  First, an LLC does not issue shares to members, while a corporation does issue shares.  So let's go over the steps:

1. You must a name for your Corporation and you can search for a name for your New York Incorporation here.
2. The general form includes the required purpose, as being able to do any "lawful act or activity" for the business.
3. Next you must reference the county that you are located in.
4. You will need to list information about the share types and number of shares issued.
5. Next, you will need to provide information about the Registered Agent and provide a name and physical address within the state.  This address cannot be a PO box.
6. Finally, you will need to provide the name and address of the incorporator.

These are the steps to incorporate in New York, and you can do the filing in paper or file online.

Name Requirements for New York Corp

The name must contain “Incorporated” or “Inc.” or one of the other words or abbreviations.

• NY Business Name Search
• New York Division of Corporations
• NY Sample Corporation Form
• New York Sample LLC Form



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