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New York LLC Formation

How to form LLC in New York?
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Category : > Library To Create An LLC In USA
Posted On : Wed Aug 10th,2016

How to form LLC in New York?

What is a purpose to Open an LLC in New York?  

An LLC is an unincorporated business organization of one or more persons who have limited liability for the contractual obligations and other liabilities of the business.  The Limited Liability Company Law governs the formation and operation of an LLC.  An LLC may organize for any lawful business purpose or purposes.  The LLC is a hybrid form that combines corporation-style limited liability with partnership-style flexibility.  The flexible management structure allows owners to shape the LLC to meet the needs of the business.  The owners of an LLC are “members” rather than shareholders or partners.  A member may be an individual, a corporation, a partnership, another limited liability company or any other legal entity.

How to File LLC in New York?

All New York LLCs are required to be filed with the state of New York legally to conduct business and following is the requirement to Set Up LLC in NYC:

How to check Name Availability New York?

Check the name availability with the NYS Division of Corporation Data Base to ensure the proposed name is available register the Limited Liability Company.

Reserve Limited Liability Company Name in New York

You can use the option to reserve the name before filing Certificate of  of organization with the NYS Division of Corporations.

New York Certificate of organization must be filed with the following information    

  • Type exact name of the LLC name with the extension of LLC, L.L.C. or Limited Liability Company.
  • Type address of the LLC and P. O. Box is not acceptable for the LLC Formation in New York.
  • LLC can be formed  for any legal purpose described in the New York State Law.
  • Fill out Registered agent address field to receive mail from the New York state, and registered agent can either be a person or an entity.
  • One, LLC member/Owner information is required to incorporate LLC.
  • You have to select, if it is a member managed or a manager managed LLC.
  • You will receive the approved article upon filing the certificate of organization, you can also request for the certified copy to the state, because some banks may ask you to provide to open bank account.


Difference Between Member Managed or Manager Managed LLC New York

An LLC that is managed solely by its members(s)/Owner(s) is called member managed LLC. An LLC that is  managed by one manager is called a Manager Managed LLC. An LLC manager is a person appointed by the LLC member(s) to manage the day-to-day operations of the LLC

How many members are required to register an LLC in New York?

One member can register an LLC. One member LLC is known as a disregarded LLC and more than one member LLC is known as a multi-member LLC. What is a New York Biennial Statement? It should be filed with the New York Division of Corporations every after two years from the date your LLC was filed with the state. The state has a right to dissolve the LLC, if you do not file it on time.

State Processing Time to file New York LLC

State normally files, it the same day and email you a copy of your approved articles along with the filing receipt and certified copy (if you ordered).

Where to publish News Paper Publication New York?

After registering an LLC in New York, you should run legal notice/publication in the newspapers for six weeks. You have to send a request to your county to advise you the newspaper's name to run the publications. Newspapers will release the affidavit mentioning that you have run the publication in the requested newspapers and that affidavit must be submitted to the state along with the certificate of publication.

Filing Taxes as an S Corporation New York

  • You can choose to file LLC taxes as a corporation or an S Corporation
  • You will file Form 2553 with the Internal Revenue Service Center and Form CT.6 to the New York Division of Taxation and Finance to file your taxes as an S Corporation. It is for the tax purposes only.
  • You will file an election with the Internal Revenue Service Center to treat your LLC as a C Corporation for the tax purposes.

Filing Taxes in New York

  • Single member LLC files Form 1040
  • Multi Member LLC file s Form 1065
  • The LLC is treated an S Corporation for the tax purposes will file Form 1120S.
  • The LLC is treated a C Corporation for the tax purposes will file Form 1120.

How to Open LLC as a Non US Resident in New York?

A Non US Resident can start an LLC in the New York, without having a social security number with the New York Division of Corporations.

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