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Forming an LLC in New York

Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a business or incorporating a business already in existence, you'll want to understand the state requirements for LLC formation.

Acceptable LLC Names in New York

In New York, an LLC’s name must end with "Limited Liability Company," "LLC" or "L.L.C." Accent marks cannot be used in the name. In addition, the name cannot indicate that is it formed for any purpose other than that included in its Articles of Organization.

New York’s Requirements for LLC Members and Managers

  • There must be at least one member/manager.
  • Members or manager are not required to reside in the state.
  • New York does not have an age requirement for LLC members or managers.

Requirements for New York Articles of Organization

A New York LLC is created when Articles of Organization are approved by the state.  Formation of an LLC in New York does not require members or manager names be listed in the Articles of Organization.  

LLC Must Have a Registered Agent

Every New York LLC must appoint a registered agent as part of the formation process. The Articles of Organization require the name and address of a registered agent. The registered agent must have a physical address (no post office boxes) in New York and must be available during normal business hours to accept important legal and tax documents for the business.

Other Filings Required at the Time of Incorporation

New York has a publication requirement.  An LLC must publish notice of the incorporation for six consecutive weeks in two newspapers, which have been designated for this purpose by the County Clerk in the county of the LLC’s legal address. The Certificate of Publication must be filed with the Department of State when the publication requirement is met.

Can Professionals Operate as an LLC in New York?

Professionals, such as accountants, attorneys and physicians, can form professional limited liability companies (PLLCs) in New York.

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