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Filing Articles of Organization in New York 

In order to form an LLC in New York, you must file Articles of Organization with the state. PRIME Corporate Services has put together a step-by-step guide on completing this process that can walk you through three simple steps. Need more help or just want to get a jump start on your New York LLC? You can reach out to one of our PRIME advisors for a free consultation

Step 1: Obtain your New York Articles of Organization form

Step 2: Fill out the New York Articles of Organization form

Step 3: File the Articles of Organization form

File Articles of Organization in New York—Step 1: Obtain Your Articles of Organization Forms

The form is accessible online, and you can submit it virtually or download it to be mailed to the New York Department of State’s Division of Corporations.   

File Articles of Organization in New York—Step 2: Fill Out The Forms With Accurate Information About Your New York LLC

Once the form is obtained, you should fill it out with the following required information. Important note: the online form has additional sections to fill out, whereas the hard copy only requires the information listed below. 

  1.  Entity Name 
  2. LLC Office Address
  3. Service of Process Address 
  4. Registered Agent Name
  5. Management Structure 
  6. Effective and Dissolution Dates

Entity Name and Address

An ideal business name is legally correct, creative, and memorable. Here are some factors to look out for when choosing a business name: 

  • It should meet the New York naming guidelines. 
  • The name can’t be in use by another New York business 

Your New York business name must meet the New York Naming Guidelines, including:

  • It must contain the phrase “limited liability company” or (LLC or L.L.C.).
  • The name cannot have language implying that the LLC is connected with a state or federal government agency or corporation.
  • Certain restricted words may require extra paperwork and a licensed individual to be part of your LLC.
  • The name must be distinguishable from other business entities 

Check Name Availability:

To make sure your desired business name is available, conduct a name search on the New York State website. This process is free and easy to do. 

If you have any questions about this process, schedule a free consultation call with one of our PRIME advisors.  

Register Your Domain Name:

Part of the process of reserving your name is to see if your desired web domain is available. It is best practice to reserve the URL ahead of time, so someone else doesn’t take it.  

Location of LLC Office

The state requires that the person filing list the county name in which the office resides.  

Service of Process Address 

Any legal notifications can be sent to this address. It is important to note that this is not allowed to be a P.O. box. 

Registered Agent (Optional)

In New York, unlike in other states, the Secretary of State is the default statutory agent  (registered agent) for service of process. However, you can elect a separate registered agent for your LLC. The requirements for choosing an agent include:

  • Your registered agent can be anyone 18 years or older.
  •  They must have a New York residential address.
  • They must be available at the registered office during regular business hours.
  • The agent’s address cannot be a P.O. box.

Management Structure 

You must designate if your LLC will be member-managed or managed by an outside manager. It is important to research the pros and cons of each structure to determine which best fits your business model. 

Effective and Dissolution Dates 

When you file your Articles of Organization, you must choose an effective start and end date for your New York LLC. If a dissolution date is not designated, the LLC will be considered perpetual. 

File Articles of Organization in New York—Step 3: Submit the Paperwork

Finally, to complete the registration process for your New York  LLC, you need to officially file the Articles of Organization with the New York Department of State.  

This can be completed online or in person.  The state filing cost is $200 and can be mailed to:

Department of State Division of Corporations

State Records and Uniform Commercial Code 

One Commerce Plaza 99 Washington Ave. 

Albany, NY 12231

The expected turnaround time is roughly 7 business days. To expedite the process by mail, you can pay an extra fee. 

If you have any questions about this process, schedule a free consultation call with one of our PRIME advisors.  

Steps After You File Your New York Articles of Organization:

Once you’ve filed your Articles of Organization, you should take the following steps:

  • Create an Operating Agreement
  • Get an EIN
  • Open a Business Bank Account
  • Get Licenses and Permits

Create an Operating Agreement

It is best practice to create a New York LLC Operating Agreement, a legal document that outlines the role each person plays within the LLC. 

Although this step is not legally required, it is always a good idea to put an Operating Agreement in place to avoid confusion and problems as your LLC grown. Even if you do not create an Operating Agreement at the beginning of your LLC formation process, you can do it at any point. This agreement will be kept in your LLC’s private business records.

Get an EIN

An Employer Identification Number (EIN) is essentially an LLC’s social security number. This number is needed for hiring employees or opening business bank accounts.

You can get your EIN through the IRS website, mail, or fax.

Open a Business Bank Account

Opening a business bank account is important to avoid your personal assets with your business assets. Having a separate account makes record keeping easier and will be especially appreciated when tax time comes around.

Get Your New York Licenses and Permits

Acquiring the proper licenses and permits are key to registering your LLC in New York. The U.S. Small Business Administration (SBA) guide has federal business licenses and permit guidelines.

Local clerks are a good place to ask about county licenses and permits.

PRIME Corporate Services can help you with all of the steps in this process. Reach out to us today for a free consultation!

Filing Articles of Organization in New York: FAQs

Is there a cost to file Articles of Organization in New York?

Yes, there is a $200 fee to file Articles of Organization in New York.

Can I serve as my own registered agent for my New York LLC?

The state of New York sets the Secretary of State as the default registered agent for all LLCs, but you can choose to designate someone else in that role, including yourself.

How can I find out if my desired business name is available in New York?

You can search the New York Department of State Corporation and Business Entity Database to check for name availability.

 

Filing Articles of Organization in New York: Additional Resources

How to Form a New York Corporation

How to File a DBA in New York

Registering an LLC in New York