If you are forming a New York LLC, then this page’s content would be vital. As you learn how to start an LLC, you will realize that the bulk of your initial work and LLC cost comprises filing New York articles of organization, which we will elaborate on this page.
On this page, you’ll learn about the following:
What is an Article of Organization?
An Article of Organization, also known as an LLC certificate or Certificate of Formation in some states, is a document filed with the secretary of state to form an LLC.
Each state has a different requirement to fill out a form. An Article of Organization usually includes the following:
- The name of the LLC,
- the effective date of the LLC,
- the company’s principal office,
- the business purpose,
- the duration of the business,
- a copy of the LLC’s name registration certificate, and
- the name and address of the registered agent, organizers, and
- at least one member of the company.
Note that the certification of formation is a legal requirement, not to mention, the core of your LLC formation. 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 Articles of Organization
These are the simple steps to follow in filing an Article of Organization in New York.
Step 1: Find Forms Online
Go to the New York Secretary of State to download the article of organization form for your LLC or to log into the online service.
Step 2: Fill Out Form
You must attach a copy of your Name Reservation to your filled-out Article of Organization form when filing. You also need to nominate a registered agent. Here are 3 of the best LLC services on our list.
Step 3: File Formation Certificates
File your formation certificate either online or by mail by filling out a form and sending it to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Filing New York Articles of Organization Online
Time needed: 5 minutes.
If you wish to establish your LLC in the State of New York, you must file for the Articles of Organization with the Secretary of State of New York. The State accepts both online and offline options of filing. When you apply through online mode, you can also get the benefit of immediate processing. The formation guide below will guide you in filing the New York Articles of Organization, so read on and get info,
- Visit the Official Website of the Secretary of State of New York
Go to the official website of the Secretary of State of New York. The website hosts a Division of Corporation On-Line Filing system which provides easy access to different online business-related services offered by the secretary of State website.
- Select the online filing option
Scroll down to the Online Filings for Business Owners section and click on the link ‘Domestic Limited Liability Company’. On the next page, scroll down to the heading ‘How to Apply’ and select the option of ‘Apply as an Owner’.
- Register with NY.gov
The link will navigate you to the ‘NY.gov’ portal. If you already have an account on the portal, proceed to log in by clicking on the ‘Login here’ tab and entering your username and password. If you do not have an account, read the next step below.
- Create your account:
To create your account to the portal, select the option of ‘Register here’ under the heading ‘I Need an NY.gov ID’. The link will direct you to another window. The Business Account Self-Registration page opens up. Proceed to fill in the required information such as your first and last name, email id, and a preferred username. Clear the captcha and press on the ‘Create Account’ tab.
- Start to file your application
After creating your account on the On-Line filing portal, log in with your username and password. On the user homepage, select the relevant business filing option. On the first page of the application, you must fill in the chosen business name of your LLC and continue to fill the rest of the application in the required fields.
- Review your application
Before submitting your application, review all the information entered by you to be correct and accurate. Next, click on the ‘Submit’ option.
- Make the payment
The filing fee for online registration of your business LLC is $200. Proceed to the payment gateway page to make the payment. After successful submission of your application, you will receive a notification from the State office acknowledging the receipt of your application. You can expect a response on your application from the Secretary of State office within 5 to 7 business days of filing your application.
Filing New York LLC Articles of Organization by Mail
If you want to file your articles of organization application via mail, you can do that easily by mail. Follow the instructions below to file the Articles of Organization in New York,
- Download the Application form PDF on your computer system.
- Read the instructions mentioned in the form carefully while filling out the form. The form must be printed or typed in black ink.
- Attach the name reservation certificate of your business LLC.
- Review all the information entered by you in the Application form to be correct and accurate to your knowledge.
- Issue a check or money order of $200 as the filing fee of your application payable to the ‘Department of State’.
- Arrange all the documents together and mail them to the following address: Department Of State Division Of Corporations, State Records And Uniform Commercial Code One Commerce Plaza 99 Washington Ave. Albany, NY 12231-0001.
Cost of Filing a New York Articles of Organization
Generally, the online mode of filing is preferred as a convenient mode as the applicant can easily update and track the status of their application. Irrespective of the mode of application, the cost of filing formation articles in the State of New York is the same. Here is the cost of filing formation articles in New York
- Online Filing costs $200
- By mail filing costs $200
Where Can You Find Your New York LLC Articles of Organization
New York Articles of Organization PDF is available to download from the New York Department of State website. You can also file online from the New York Business Express website.
If you want to start a business in New York, you will need to file an Article of Organization (also known as an operating agreement). This document is a legal document that officially makes your LLC into existence. You must submit an application for this document to set up your LLC, as well as the name, address, and date of establishment. You should also include a copy of your company’s name registration certificate.
Before filing your New York LLC Articles of Organization, you should check if the business name you have chosen is already available as a web domain. If not, you may want to purchase a domain name to prevent others from registering it. You should also list the county where your LLC will have its office. You will need this address for legal notifications. The address must be an actual address, not a P.O. Box.
The name of your LLC must be distinct from other businesses in the state. For example, if you’re starting a pizza business in New York, you will need to use a name that is different from your current one. You should also make sure your name doesn’t contain any word that would make your business ineligible for state approval. You can find your New York LLC Articles of Organization by checking with the state’s business name database.
While your New York LLC is set up, the majority of your costs will be spent on filing your Articles of Organization. These documents, also known as certificates of formation, can be found at the New York Secretary of State’s website or through an online service. In addition to filing the Articles of Organization, you need to find a business name that is not already reserved. You can find a business name with the help of a free New York LLC Name Search.
Once you’ve created your business name and filed your Articles of Organization, you must file your Operating Agreement and a certificate of publication with the Department of State. After you’ve filed your LLC’s Articles of Organization, you must publish a notice about its formation in two newspapers within 120 days of formation. You must publish the notice for six weeks in a row and get an affidavit from the newspapers.
If you’re an LLC, the New York Department of State serves as your registered agent. If you don’t have a registered agent, you can choose to be your own registered agent. Or, you can hire a registered agent service to receive important business documents. But remember that without a registered agent, you run the risk of losing your LLC status. If you fail to file these documents, you may be sued, miss a deadline for tax payments, or miss legal ramifications.
If you want to start a business in New York, you should have a separate bank account for your business’s funds. The Small Business Administration is a good resource for this information. If you’re unsure about licensing, try using the Licenses Database, which is maintained by the state. If you have any questions, visit the Department of State website. This site will help you get started.
An Article of Organization is a legal document that will officially make your LLC into existence. This document is needed specifically for New York in forming an LLC business structure.
The application form for the Article 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.
Filing by mail or in person is neither highly recommended nor required; waiting an extra week for your LLC to be approved isn’t that bad. The LLC approval you send in will be returned by mail. Online filing, meanwhile, is more convenient as you won’t have to stay in a queue.
Articles of Organization or Certificate of Formation is the most important document for your New York LLC. Before you submit/file the document make sure to provide proper and correct information about your company. If you have any questions, share that below in the comment section.