An LLC is an unincorporated business organization made up of one or more persons. The owners of an LLC are “members” rather than shareholders or partners. A limited liability company is formed by filing Articles of Organization with the Department of State.
Are There Any Special Responsibilities and Requirements Associated With Forming an LLC?
- 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.
Who can form an LLC?
- A New York State Resident
- A business entity located in New York State
Benefits of an LLC:
- Structure designed for small businesses
- Easy Filing Process
- Limited liability for Members
Refer to this step by step process to form an LLC:
- Create an account (Click second option 'Articles of Organization for a Domestic Limited Liability Company')
- Fill out the form
- Provide credit card information
- Receive the filing receipt and acknowledgment copy instantly by email
Prepare, sign and file the Articles of Organization in a paper format:
By Mail: send the completed Articles of Organization with the filing fee of $200 to the New York State Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231.
In Person: deliver the Articles of Organization to the above address. The Division of Corporations, State Records and Uniform Commercial Code is on the 6th floor and is open from 9:00 a.m. to 4:30 p.m., Monday through Friday.
By Fax: you may fax the Articles of Organization along with a Credit Card/Debit Card Authorization Form to the Division of Corporations, State Records and Uniform Commercial Code at (518) 474-1418.
Questions? Send us an email or contact us by phone between the hours of 8:30 AM - 4:30 PM, Monday through Friday.