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Forming an LLC in New York

Forming an LLC in New York

Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a new business or forming an LLC for 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.".

New York’s Requirements for LLC Members and Managers

  • There must be at least one member/manager.
  • Members or managers 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 formed when Articles of Organization are filed with the Department of State or upon a later time specified in the Articles not to exceed 60 days from filing. Formation of an LLC in New York does not require member or manager names to be listed in the Articles of Organization.

LLC Must Have a Registered Agent

Every New York LLC must appoint the Secretary of State as Registered Agent and set forth an address to which the Secretary of State will forward process as part of the formation process. The LLC may also appoint a Registered Agent in its Articles of Organization

Other Filings Required at the Time of Formation

New York has a publication requirement. An LLC must publish notice of the formation 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 office. 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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