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