How to File an LLC Articles of Organization in New York (original) (raw)

articles of organization

The Articles of Organization is one of the main documents required while forming an LLC in New York. The document needs to be filed with the Secretary of State in New York to share all the important information related to the limited liability company that is going to be established.

On this page, LLCBuddy editors put all the information together about how to file the Articles of Organization in New York. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in New York to file the Articles of Organization while forming the LLC.

What is an LLC Articles of Organization in New York?

The Articles of Organization for an LLC is the most important document among all. In general, establishing an LLC is much simpler than other types of business structures such as corporation or partnership. Among a few mandatory documents to file, Articles of Organization is one of the main papers.

By submitting the Articles of Organization, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with New York Secretary of State.

Each state has a different requirement to fill out a form. The Articles of Organization usually includes the following:

Note that the Articles of Organization in New York is a legal requirement, not to mention, the core of your LLC. It even makes up the bulk of your New York LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File New York LLC Articles of Organization

Filing an LLC Articles of Organization with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). Statewise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In New York, the following methods are available.

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Step 1: Find Forms Online

Go to the New York Secretary of State to download the Articles of Organization form for your LLC or to log into the online service.

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to New York LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Articles of Organization form when filing. You also need to mention the name and address of the New York Resident Agent. We recommend the best LLC services in New York that you can choose to form your LLC, hire the Resident Agent, and file the Articles of Organization with the SOS.

If you plan to start an LLC in states other than New York, you must file a foreign LLC in other states. For filing a foreign LLC you can explore the best LLC services that operate in 50 other states along with New York.

What information does the Articles of Organization application need in New York?

The application form for the Articles of Organization needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the Department of State Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231. For online filing, you must log in to the New York Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or in cash (if available).

Cost of Filing New York Articles of Organization

cost

LLC cost in New York includes all types of fees starting from name reservation fee, DBA filing fee ($25), Resident Agent costs, and Articles of Organization fee. In New York, the filing fee of a formation document is $200 (by mail and online). The standard fee for filing the Articles of Organization allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while filing an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring ZenBusiness as it offers filing an LLC at $0 (plus state filing fee).

Amend New York Articles of Organization: If you make any changes to your LLC, you must file the changes with the Secretary of State. To do so, you must Amend New York Articles of Organization. LLCs can get the amendment form, fill it out with the changed/updated information, and send it back to the SOS online or offline.

FAQs

What is an LLC Articles of Organization?

The LLC Articles of Organization is a legal document that officially forms an LLC in New York.

How can I file the LLC Articles of Organization in New York?

You can file the LLC Articles of Organization online through the New York Department of State website or by mail.

Is there a fee to file the LLC Articles of Organization in New York?

Yes, there is a filing fee required to submit the LLC Articles of Organization in New York.

Can I form an LLC without filing the Articles of Organization in New York?

No, filing the LLC Articles of Organization is necessary to officially establish an LLC in New York.

What information is required in the LLC Articles of Organization in New York?

The LLC Articles of Organization must include the business name, address, purpose, registered agent, and organizer information.

Can I change the information in the LLC Articles of Organization after filing in New York?

Yes, you can amend the LLC Articles of Organization to update any information as needed in New York.

How long does it take to process the LLC Articles of Organization in New York?

The processing time for the LLC Articles of Organization in New York may vary, but it typically takes a few weeks.

Do I need an attorney to file the LLC Articles of Organization in New York?

It is not required to have an attorney to file the LLC Articles of Organization in New York, but legal assistance may be helpful.

Can I file the LLC Articles of Organization for multiple LLCs at once in New York?

Yes, you can submit the LLC Articles of Organization for multiple LLCs in a single filing in New York.

What is a registered agent and do I need to have one for my LLC in New York?

A registered agent is a designated individual or entity responsible for receiving legal documents on behalf of the LLC in New York.

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

Yes, you can serve as your own registered agent for the LLC in New York if you have a physical address in the state.

Are there any ongoing requirements after filing the LLC Articles of Organization in New York?

Yes, LLCs in New York are required to file biennial statements every two years to maintain compliance with state regulations.

What is the difference between an LLC Articles of Organization and an LLC Operating Agreement in New York?

The LLC Articles of Organization officially forms the LLC, while the Operating Agreement outlines the internal operations and management structure of the LLC in New York.

Can I reserve a business name before filing the LLC Articles of Organization in New York?

Yes, you can reserve a business name for up to 60 days by filing a Name Reservation Application with the New York Department of State.

What happens if my LLC Articles of Organization are rejected in New York?

If your LLC Articles of Organization are rejected in New York, the state will provide a reason for rejection, and you can resubmit with the necessary corrections.

How do I know if my LLC name is available for use in New York?

You can search the New York Department of State website to check the availability of your desired LLC name before filing the Articles of Organization.

Can I change the business name on the LLC Articles of Organization after it has been filed in New York?

Yes, you can amend the LLC Articles of Organization to change the business name if necessary in New York.

What is the publication requirement for LLCs in New York?

Most counties in New York require newly formed LLCs to publish a notice in two designated newspapers within 120 days of formation.

Are there any restrictions on naming my LLC in New York?

Yes, the LLC name must be distinguishable from existing entities in New York and comply with state regulations regarding profanity or deception.

Can I dissolve my LLC by filing Articles of Dissolution in New York?

Yes, you can dissolve your LLC by filing Articles of Dissolution with the New York Department of State.

Can I file the LLC Articles of Organization on behalf of another person or entity in New York?

Yes, you can act as an organizer to file the LLC Articles of Organization on behalf of another person or entity in New York.

Do I need an EIN (Employer Identification Number) to file the LLC Articles of Organization in New York?

It is recommended to obtain an EIN from the IRS before filing the LLC Articles of Organization if the LLC plans to have employees or open a business bank account in New York.

Can I issue membership interests in the LLC without filing the Articles of Organization in New York?

It is advisable to file the LLC Articles of Organization before issuing membership interests to ensure legal compliance and protection in New York.

Can I change the business address on the LLC Articles of Organization after filing in New York?

Yes, you can update the business address by filing an amendment to the LLC Articles of Organization with the New York Department of State.

Are there any additional forms or requirements to file along with the Articles of Organization in New York?

Depending on the specific circumstances of your LLC, additional forms or documents may be required to be submitted along with the Articles of Organization in New York.

Can I download a template for the LLC Articles of Organization in New York?

The New York Department of State provides a fillable PDF form for the LLC Articles of Organization that can be downloaded from their website.

How long is the LLC Articles of Organization valid after filing in New York?

The LLC Articles of Organization are valid indefinitely unless the LLC is dissolved or merged with another entity in New York.

Is there a deadline for filing the LLC Articles of Organization after forming an LLC in New York?

It is recommended to file the LLC Articles of Organization promptly after forming the LLC to establish full legal protection and compliance in New York.

What is an LLC Articles of Organization in New York?

An LLC Articles of Organization is a legal document needed to officially form a Limited Liability Company in New York.

How do I file LLC Articles of Organization in New York?

You can file LLC Articles of Organization in New York by submitting the necessary forms and payment to the New York Department of State.

Also Read

In Conclusion

The formation document or the Articles of Organization is the main document you need while forming your limited liability company in New York. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In New York, filing the Articles of Organization is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend ZenBusiness, as it not only offers free LLC formation service ($0), but also, offers other services such as Resident Agent, operating agreement, EIN, Certificate of Status for foreign LLC establishment, business name search, and many more.