Registering an LLC in New York on your own is entirely doable, though it requires following specific steps and paying attention to state requirements to avoid delays. Here’s a comprehensive, step-by-step guide to help you successfully register your LLC in New York without outside help.
DIY New York LLC Registration: Step-by-Step Guide
Step 1: Choose a Name for Your LLC
Your LLC’s name must meet certain New York requirements:
- Unique Name: It must be distinct from existing businesses registered in New York.
- Suffix Requirement: The name must include “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.”
- Restricted Words: Certain words, like “Bank” or “Insurance,” may require additional approvals.
You can check for name availability on the New York Department of State website. If your desired name is available, you can reserve it for $20, though this is optional.
Step 2: Designate a Registered Agent
New York requires every LLC to designate a registered agent to receive legal documents on behalf of the company. The Department of State automatically serves as your registered agent, but many LLC owners prefer a professional registered agent service for additional benefits.
Tip: A registered agent service like Registered Agents Inc. can provide a reliable business address and ensure that you never miss important notices or legal documents.
Step 3: File the Articles of Organization
To officially register your LLC, you’ll need to file the Articles of Organization (Form DOS-1336) with the New York Department of State. Here’s what you need to know about this form:
- Required Information: Include your LLC’s name, registered agent information, and the county where your LLC’s main office is located.
- Filing Fee: The filing fee is $200, which can be paid by check, money order, or credit card.
You can file the Articles of Organization online or by mail. Once submitted, it generally takes about 3-4 weeks for standard processing, though expedited processing is available for an additional fee.
Step 4: Fulfill the Publication Requirement
New York has a unique publication requirement for LLCs. Within 120 days of forming your LLC, you must publish a notice of formation in two local newspapers (one daily and one weekly) in the county where your LLC is registered.
- Cost: Publication costs vary widely depending on the county, ranging from $600 to over $1,200 in New York City, while less in rural areas.
- Certificate of Publication: After the six-week publication period, the newspapers will send you an Affidavit of Publication. You must file this, along with a Certificate of Publication form and a $50 fee, with the Department of State.
Streamline the Process: If the publication requirement sounds complicated, a registered agent like Registered Agents Inc. can help manage it, often securing lower rates with local newspapers and handling all paperwork on your behalf.
Step 5: Create an Operating Agreement
An Operating Agreement is a legal document outlining the ownership and operating procedures of your LLC. While it doesn’t need to be filed with the state, New York requires LLCs to have one in place.
- Purpose: It defines the responsibilities of each member, voting rights, profit distribution, and procedures for decision-making.
- Single-Member LLCs: Even if you’re the sole member, having an Operating Agreement provides structure and strengthens the liability protection of your LLC.
You can draft the agreement yourself or use a template, but make sure it includes all necessary information relevant to your business.
Step 6: Obtain an EIN (Employer Identification Number)
An Employer Identification Number (EIN) is a unique identifier issued by the IRS. You’ll need it to open a business bank account, hire employees, and file taxes.
- Application Process: You can apply for an EIN for free through the IRS website. The online application process is quick, and you’ll receive your EIN immediately upon completion.
Additional Considerations for New York LLCs
Biennial Statement Filing
Every two years, New York LLCs must file a Biennial Statement to keep the state updated on your LLC’s information, such as your address and registered agent.
- Cost: The filing fee is $9.
- Deadline: You’ll need to file it by the anniversary date of your LLC’s formation every two years.
Opening a Business Bank Account
Opening a separate business bank account for your LLC helps keep personal and business finances separate, which is essential for maintaining liability protection. You’ll typically need:
- Your LLC’s EIN.
- A copy of the Articles of Organization.
- A copy of the Operating Agreement.
Summary of New York LLC Registration Costs
| Service | Cost |
|---|---|
| Articles of Organization | $200 |
| Publication Requirement | Varies by county ($600–$1,200) |
| Certificate of Publication | $50 |
| Biennial Statement | $9 every two years |
| Optional Registered Agent | Varies (starting at $99/year with Registered Agents Inc.) |
DIY LLC Registration vs. Using a Registered Agent Service
While doing it yourself saves you from hiring a third party, using a registered agent service like Registered Agents Inc. can simplify several steps:
- Publication Requirement Management: They often have pre-established relationships with local newspapers, which can save you time and money.
- Document Handling: A professional service ensures you receive legal documents promptly and stay in compliance.
- Privacy Protection: Using their address can help protect your personal information from public records.
Ready to Register? Start your LLC the right way with Registered Agents Inc., offering expert guidance and support at every step of the process.
With this DIY guide, you’re well-prepared to register your LLC in New York successfully! Follow these steps, stay organized, and you’ll have your business legally formed and ready to operate.
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