Welcome to the Start a Business portal for creating a new LLC or PSLLC within the state of New York. Getting started is fairly straight forward and we will provide you with all the steps necessary in the filing process. If you are filing for a domestic LLC, you will have the option to file online with a system provided by the Department of State. Unfortunately this option is only available for domestic LLCs and not available for other entity types. Each entity type has a specific set of fees required along with the forms that must be completed. These fees must be made payable to the Department of State in the form of a check or Credit/Debit Card Authorization. Scroll down for a more in-depth explanation on all of this and more.
How to File
Step 1- The first thing we recommend you do before commencing the registration process is to perform a Business Entity Search within the Department of State’s records. Doing so will allow you to see if the name you have chosen for your entity is available for use. Furthermore, you can reserve a name for up to 60 days with the Name Reservation application.
Step 2- The next step would be to obtain the necessary documents for your desired entity and submit that information to the Department of State. Click on the link below that corresponds with your entity type to get started.
- Domestic Limited Liability Company
- Domestic Professional Service Limited Liability Company
- Foreign Limited Liability Company
- Foreign Professional Service Limited Liability Company
Step 3- With the Articles of Organization or Application for Authority completed, a filing fee must be made out to the Department of State in the form of a check or by credit/debit card authorization. The applicable fees are $200 for all entities, except foreigns LLCs where the fee is $250. The application and filing fee must be mailed to the address located at the end of this tutorial, along with your name reservation receipt (if applicable), and a certificate of existence if filing for a foreign entity.
Step 4- Once your application has been accepted, you will be required to publish your Articles of Organization or Application for Authority in two newspapers within the county in which the office of your LLC/PSLLC is located. After doing so you will be provided with an affidavit of publication from each newspaper.
Step 5- With your received affidavits of publication, you will need to file the Certificate of Publication form, along with a filing fee of $50 made out to the Department of State (payable by the same methods as stated above). The affidavits, Certificate of Publication and filing fee must all be included and mailed to the address below.
New York State Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue – Albany, NY 12231
EIN– Once you have finished filing for a domestic LLC or PSLLC, you may be required to obtain an Employer Identification Number issued by the IRS. This number will provide you with the ability to be viewed as a legitimate tax paying company. An EIN is necessary to hire employees, apply for loans or bank accounts, and perform a number of other transactions. If you have not yet filed for an Employer Identification Number, we can guide you with our tutorial provided in the link at the top of this paragraph. Alternatively, you can apply through the mail with the Form SS-4 or Online.
Operating Agreement– An operating agreement is something that is not required in the state of New York, though it comes highly recommended. This agreement is something set in place between members and managers, creating guidelines and rules that will be legally supported if future disputes ever arise. We recommend that you have this document drafted as soon as possible to ensure that smooth business pursues within your new entity. A free template is available located at the title of this paragraph, available in both MS Word and PDF formats.
Renewal– Every two years a statement must be made to the Department of State to remain in good standing. This must be submitted on the calendar month when your Articles of Organization or Application for Authority was filed by the state. To do this you must have your entity’s DOS ID number. This can be obtained by searching for your entity with a Business Entity Search. Once you have your DOS ID number, click on the link located here and enter your information on the Department of State’s e-statement Filing Service. You will also be required to pay a $9 fee made payable by check or by Credit/Debit Card Authorization.