Welcome to the Start a Business tutorial on partnership registration in the New York. You will notice that the state does not have an online filing system for partnerships, though there are PDFs available for each desired entity type. Something to note is that after your application has been sent, you will be required to publish a copy of your received notice/certificate (or other notice of qualification) in two newspapers located in the jurisdiction of application. Publication will be required once a week for six consecutive weeks, one newspaper being “printed daily” and the other “printed weekly”. More information on that within each specific entity tutorial.

Before getting started it is recommended that you perform a Business Entity Search to cross-check the desired entity name you have chosen. Doing so can prevent problems that could arise if you have chosen a name that’s already taken, causing your application to be rejected. You may also reserve a name with the instructions in our Name Reservation tutorial. Name reservations are available for LPs only.

How to File a Domestic LP

Step 1- Getting started with your new domestic LP is fairly straight forward. Start by downloading the Certificate of Limited Partnership.

Step 2- Next, follow the steps below and submit the information required in the necessary fields.

  • Name of entity
  • Name of entity (once again)
  • County to which the office is located
  • Address to receive copies of accepted transactions
  • Name and business address of each general partner
  • Latest date of dissolution
  • Name of entity and name and address of person filing (page 2)

NY-Certificate-of-Limited-Partnership
NY-Certificate-of-Limited-Partnership-2

Step 3- Once this document has been completed and the information entered correctly, have it mailed to the Department of State (address located at the bottom of this section) along with a filing fee of $200. Accepted forms of payment being check and Credit/Debit Authorization. Also note that if you have applied for name reservation, be sure to include those documents along with the Certificate of Limited Partnership.

Step 4- After your application has been filed you will be required publish a copy of the Certificate of Limited Partnership (or a notice related to the LP) in two newspapers. The newspapers chosen must be located in the county in which the office of the LP is located. Afterwards, you will receive an affidavit of publication from each newspaper.

Step 5- Next, you must file for a Certificate of Publication. Have the certificate printed and continue by submitting the information listed below.

  • Name of LP
  • Title of general partner, or if attorney-in-fact, name and title for whom the attorney-in-fact represents
  • Name of domestic LP
  • If the LP name has changed, enter the new name here
  • Date the certificate of authority was filed by the Department of State
  • Date signed
  • Signature of member signing
  • Printed name of member signing
  • Name of entity, and name and address of filer (page 2)

NY-Certificate-of-Publication

NY-Certificate-of-Publication-2

Step 6- Along with this document a fee of $50 made out to the Department of State must be included in the form of a check or Credit/Debit-Card-Authorization. Include the affidavit of publication from both newspapers and have all articles sent to the address below.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to File a Foreign LP

Step 1- The process for starting a foreign LP is quite simple and we will go through the steps on getting started. Firstly you will want to download the PDF located here.

Step 2- To begin your filing we will start by filling in the required entry fields on this document. The information required is as follows:

Page 1

  • Name of LP
  • Name of LP (once again)
  • If not indicated as an LP, the name must end with an abbreviation or word written here
  • Fictitious name if true name is not available
  • Jurisdiction of organization
  • Date of organization
  • County in which the LP is located
  • Address to receive documents from the Decretary of State
  • Address of office, or if none, principle address of the LP

NY-Application-for-Authority

Page 2

  • Name and business or residence address of all general partners
  • Name of authorized officer from where LP was filed
  • Address of officer
  • Signature and printed name of general partner and printed name

NY-Application-for-Authority-2

Page 3

  • Name of entity
  • Filers name and mailing address

NY-Application-for-Authority-3

Step 3- Along with your filings you must include a certificate of existence as well as a fee of $200. This fee must be made out to the Department of State in the form of a check or by Credit/Debit Card Authorization. All articles should mailed to the address located at the bottom of this tutorial. If you have reserved a name for your LP,  be sure to include your name reservation documents along with your filings.

Step 4- Within 120 days after your filing has been completed, the state of New York requires you to publish a copy of your application, or notice of qualification of LP, in two newspapers within the county where the LP is located. Once publication has been completed you will receive an affidavit of publication from each newspaper.

Step 5- With your received affidavits of publication, the next step is to download and complete the form for Certificate of Publication.

Step 6- Continue by filling in the information required in the steps below.

  • Name of entity
  • Title of general partner, or if attorney-in-fact, name and title for whom the attorney-in-fact represents
  • Name of entity
  • If the LP name has changed, enter the new name here
  • Fictitious name (if applicable)
  • Date application for authority was filed by the state
  • Date signed
  • Signature of member signing
  • Printed name of member signing
  • Entity name
  • Name of filer and address (Page 2)

NY-Certificate-of-Publication-Foreign

NY-Certificate-of-Publication-Foreign-2Step 7- Lastly, this document will have to be mailed, along with your affidavits and a filing fee of $50 made out to the Department of State. The fee is payable by check and Credit/Debit Card Authorization. Filing is completed by mailing all documents to the address just below.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to File a Domestic LLP

Step 1- Filing for a domestic LLP can be commenced by downloading the PDF titled Certificate of Registration.

Step 2- After downloading the form, continue by entering the data required in the steps below.

  • Entity name
  • Entity name
  • Address of principle office
  • Profession(s) to be practiced
  • Address to receive documents from the Decretary of State
  • Signature and printed name of partner
  • Entity name, along with name and address of person filing (page 2)

NY-LLP-Certificate-of-Registration

 

NY-LLP-Certificate-or-registration-2

Step 3- After the document has been completed, a filing fee must be attached in the amount of $200. This fee can be paid by check made out to the Department of State or Credit/Debit Card Authorization. Both articles must sent to the address located at the bottom of this tutorial.

Step 4- Within 120 days of your filing being accepted, you will be required to publish the Certificate of Registration (or a notice of qualified LLP) in two newspapers located in the county where the LLP is located. After doing so you will receive an affidavit of publication from each chosen newspaper.

Step 5- The last step is to complete the Certificate of Publication. Have this document downloaded and continue with the steps below.

Step 6- In the empty fields of this document the following information must be provided:

  • Name of LLP
  • Title of general partner, or if attorney-in-fact, name and title for whom the attorney-in-fact represents
  • Name of LLP
  • If the name of the LLP has changed, enter new name here
  • Date the Certificate of Registration was filed by the Department of State
  • Date Certificate of Publication is being signed
  • Name of individual signing
  • Printed name of individual signing
  • Name of the LLP and name and address of filer (page 2)

NY-LLP-Certificate-of-Publication- NY-LLP-Certificate-of-Publication-2

Step 7- Lastly, with this document completed you will be required to include a fee of $50 in the form of a check made out to the Department of State or Debit/Credit Card Authorization. Have the document and filing fee mailed, along with the two affidavits of publication, to the address located below.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

How to File a Foreign LLP

Step 1- Forming a foreign LLP starts by downloading the Notice of Registration PDF that we have supplied.

Step 2- With the document downloaded, we can continue with the required data that must be provided in the steps below.

Page 1

  • Name of entity
  • Name of entity
  • Jurisdiction where foreign LLP is registered
  • Date of registration in its jurisdiction
  • Address of principal office in New York
  • Profession(s) to be practiced
  • Address where the Department of State can send documents

NY-LLP-Notice-of-Registration-Foreign

Page 2

  • Signature and printed name of partner
  • Entity name
  • Name of filer
  • Address of filer

NY-LLP-Notice-of-Registration-Foreign-2

Step 3- With this document completed a filing fee of $250 must be included. You may pay by check made out to the Department of State or by Debit/Credit Card Authorization. The State has required that you also include a copy of the last registration, or renewal registration filed by the LLP in its jurisdiction. Have all documents forwarded to the address at the bottom of this tutorial.

Step 4- Within 120 days of filing for your Notice of Registration you will be required to publish the notice (or notice related to qualification of LLP) in two newspapers within the jurisdiction of registration. The newspapers will then supply you with an affidavit or publication.

Step 5- With the affidavits received, the last step is to download the Certificate of Publication form.

Step 6- Continue by filling in the information required below.

  • Entity name
  • Title of general partner, or if attorney-in-fact, name and title for whom the attorney-in-fact represents
  • If LLP has name has changed, enter new name here
  • Fictitious name if applicable
  • Date the application was filed by the state
  • Date signed
  • Signature or partner
  • Printed name of partner
  • Entity name, and name and address of filer (page 2)

NY-Certificate-of-Publication-Foreign

NY-Certificate-of-Publication-Foreign-2

Step 7- Send this document, a fee of $50 and the two affidavits of publication to the address located below. Accepted forms of payment include check made out to the Department of State and Credit/Debit Card Authorization.

New York State Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue – Albany, NY 12231

Tips

EIN– An Employer Identification Number is issued by the IRS to businesses in the United States. After your application for registration has been accepted, you will be required to apply for an EIN as soon as possible. Once obtained, this number will allow your business to act legally within the U.S as a legitimate company, necessary to hire employees, apply for loans or bank accounts, and perform a number of other financial transactions. You may review our tutorial on the application process by clicking the link at the title of this paragraph. Alternatively, application can by accomplished directly through the mail with the PDF Form SS-4, or Online.

Partnership Agreement– In the sate of New York a partnership agreement is legally required, and we here at Start a Business recommend drafting this document as soon as possible. Having this document filed between the managing members of your new entity can prevent future legal disputes that may arise. It clearly states specific rules and regulations regarding each members position and job they will be called upon to perform. Take a look at the free template we have supplied in both MS Word and PDF formats, located at the heading of this paragraph.

Renewal– It is required by the state to file a report every two years on the calendar month when the entity was incorporated. To do this, click on the link at the title of this paragraph that will bring you the the e-Statement Filing Service. You will be required to enter the name of the entity and the DOS ID number. To find your DOS ID number, perform an Entity Search to retrieve this information. A filing fee of $9 will be required and can be paid by credit or debit card. This process enables your business to remain in good standing and is necessary for all partnerships.

How to (Video)