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How to form a New York Limited Liability Company

Articles of Organization

A New York limited liability company is formed by filing an Articles of Organization with the New York Secretary of State and paying a fee of $200.

The name of the limited liability company must end with the words "Limited Liability Company" or an abbreviation of those words (L.L.C. or LLC).

Publication Requirement:

1.  Within 120 days of formation of a New York LLC, the LLC must publish a notice in two (2) newspapers, once a week, for a period of six (6) consecutive weeks, as follows:

(a)  The notice must include the name of the LLC, the date of filing, the county in which the office is located, the full street address of the LLC, the purpose of the LLC, and a statement regarding service of process on the secretary of state. The information must be precise... there's no room for errors.  

(b)  The notice must be published "as though the copy or notice were a notice or advertisement of judicial proceedings."

(c)  The two (2) newspapers must consist of one (1) weekly paper and one (1) daily paper of general circulation in the county where your LLC was formed. The newspapers must be designated by the county clerk for such publication.

2.  After the LLC publication is complete, you must obtain affidavits of publication from the newspapers in which the legal publishing was completed.

3. The affidavits of publication must be filed with the state, along with other information contained in a Certificate of Publication. There are fees for this filing.  

4. If you fail to comply with the LLC publication law within 120 days of formation, the authority of your limited liability company to carry on, conduct or transact any business in NY state shall be suspended, effective as of the expiration of such 120 day period.

5. The suspension will be annulled upon the filing of the Certificate of Publication, even if filed late.


New York Secretary of State

Address:
Secretary of State
Corporations Division
One Commerce Plaza
99 Washington Avenue
6th Floor, Albany, NY 12231

Telephone: (518) 473-2492

Fax: (518) 473-1654 

Email: corporations@dos.state.ny.us

Website: http://www.dos.state.ny.us/corps/index.html

Check name availability: http://appsext8.dos.state.ny.us/corp_public/corpsearch.entity_search_entry

New York LLC Statute: NY LLC Law 101 et seq.


New York LLC Fees

Fee for filing Articles of Oraganization for a New York LLC: $200.

Complete New York Fee Schedule: No overall summary available


New York LLC Forms

NY LLC forms are no longer online.