New York Filing Forms

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New York LLC Forms and Documents

Quick Start Guide
This Quick Start Guide is a brief overview of how to form an LLC in New York.

Detailed Lessons:

 

New York LLC Costs:
New York state fee: $200
Certificate of Publication: $50
Newspaper fees: vary by county (read lesson 2)
Biennial Statements: $9, every two years

Need to save time?
Hire a professional to form your LLC in New York:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

In this lesson, we will walk you through filing your Articles of Organization with the New York Division of Corporations. This is the document that officially forms your New York LLC.

New York LLC Department of State Division of Corporations

(New York Department of State, Division of Corporations Building)

Watch This Video First


Video Transcript:

The following information is provided for educational purposes only and in no way constitutes legal, tax, or financial advice. For legal, tax, or financial advice specific to your business needs, we encourage you to consult with a licensed attorney and/or CPA in your State. The following information is copyright protected. No part of this Lesson may be redistributed, copied, modified or adapted without prior written consent of the author. A Limited Liability Company (abbreviated “LLC”) is a hybrid between a Corporation and a Partnership. An LLC protects your assets in the event of a lawsuit. In order to form your LLC, you must file LLC Formation Documents and pay the State filing fee. Once your documents are approved, your LLC is now in existence and authorized to do business in the State. Before completing your LLC Formation Documents, please make sure to have watched the first 2 Lessons. Your desired LLC name must be available for use before you proceed. And, make sure you have determined what address you will use your LLC Formation Documents and in what county you will publish your newspaper ads. Now, let’s discuss your LLC Formation Documents. The name of the LLC Formation Document for the State of New York is called the Articles of Organization. This document is not complicated and it contains basic information, including your LLC’s name, your LLC’s office address, and the county where your LLC’s office is located. If you chose to hire a Registered Agent, you will also list their address in your Articles of Organization. We will walk you through the details of the Articles of Organization in just a couple minutes and we’ll make sure that you get it filled out correctly. There are 2 ways you can file your Articles of Organization with the State. You can file by mail, or you can file online. If you file by mail, you will print out your Articles of Organization and then mail them to the State along with a check or money order to pay the filing fee. If you file online, you will fill out your Articles of Organization on the State’s website and then pay the filing fee with a debit or credit card. The State charges a one-time fee in order to form your LLC. You will find this filing fee amount listed below this video. Once you submit your Articles of Organization along with the filing fee, the State will review and process your documents. If there are any issues with your filing, the State will contact you and tell you what corrections need to be made. If you filed by mail and there are no issues, your LLC will be approved in 1-2 weeks. If you filed online and there are no issues, your LLC will be approved within a few minutes. Either way, you will receive a Filing Receipt back from the State once your LLC is approved. This confirms your LLC is now a legally formed business in the State of New York. Your Filing Receipt will contain your LLC’s name, the date filed, and your Department of State ID Number (also known as your DOS ID Number). Your DOS ID Number is unique to your LLC and you will use it when dealing with the State. New York does not issue duplicate Filing Receipts, so it’s very important to make a photocopy, or 2, and keep the photocopy with your business records. Below this video, there are 2 additional video tutorials which will give you a complete walk-through of filing your Articles of Organization. There’s 1 video for filing by mail and 1 for filing online. The filing fee amount is the same for either option. The only difference is the method of payment and the approval time. Again, if you followed by mail, you’ll pay the State filing fee with a check or money order, and your LLC will be approved in 1-2 weeks. If you file online, you’ll pay the State filing fee with a debit or credit card, and your LLC will be approved within a few minutes. You’re now ready for the next step. Please proceed with 1 of the videos below.
Need to save time? Hire a professional to form your LLC in New York:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)

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Form Your New York LLC Online


Video Transcript:

Here we are on the State’s website. Again, the link below this video will take you here. Let’s scroll down, and in the sidebar, underneath “Online Filings”, we’re going to click “LLC Formation”. On the next page under “Online Filings”, we’re going to click “Domestic Business Corporation and Domestic Limited Liability Company”, then we’re going to click down here where it says “Articles of Organization for a Domestic Limited Liability Company”. The first step here, you’re going to enter your LLC name. You need to enter your LLC name with proper capitalization and the designator “LLC” or “L.L.C.”. I’m going to use a sample company for demonstration purposes. You can see here I have a comma after “Widgets”. The comma is optional; you can use one if you like, or leave it out if you prefer. Please make note of the capitalization of the LLC name, as you’re going to need to enter it again exactly as it appears here. Once you enter your name, go ahead and click the “Continue” button. If for some reason you’re not able to get to the next page, it means your name is not distinguishable. Please go back and watch the 1st lesson on name availability. Moving forward, the 1st section (the “Opening Statement”), this is optional; we’re not going to check this box off. Next, under “Limited Liability Company Name”, you’re going to enter your LLC name again. You don’t need to enter anything for “English Translation”. Next, under the “Purpose Clause”, we do not need to check this off (this is optional); you can use your LLC for any lawful purpose, but we don’t need to include that here. Scrolling down under “County”, we’re going to list the county where the LLC office address is located. For this example, let’s say that I’ve hired Northwest Registered Agent to use their address for the Newspaper Publication Requirement. If that’s the case, I’m going to enter “Albany”. However, if you’re publishing your actual county, just select your county from this drop-down. Next, under the “Service of Process” address (this is your address where the State can mail you Service of Process), what that means is if you’re sued the State will first receive notice and then mail that to you. Please enter your name and address in this area. I’ve entered the address, and now I’m going to go down to the Registered Agent section, and for this example, we’ve hired Northwest Registered Agent. However, if you did not hire a Registered Agent (and you’re just publishing ads in your own county), you’re just going to leave this as is and you’re not going to check anything off. For this example, I’m going to check this off, and then instead of listing it out right here, it should already be populated over here if I do select a Registered Agent company in the drop-down list if I scroll down (we have Northwest Registered Agent, and it will auto-populate their address). If for some reason that doesn’t work, please go ahead and enter their address manually. Scrolling down in the next section under “Management Structure”, you’re going to check this off and then select the first 1 (“One or more members”). That means that the members and the owners of the LLC run the day-to-day and weekly business operations. Next, under “Effective Date”, you can check this off. This means that your LLC becomes effective once it’s approved by the State. Under “Dissolution”, you can check this off and leave the 1st box checked off. It states “the LLC shall have a perpetual existence”. What that means is that the LLC will remain in existence until it is dissolved or shut down by its members. Scrolling down next, we have the “Liability Statement”. This is an indemnification clause stating that the LLC will indemnify and hold harmless its members in case of a lawsuit. What this means is that if you as a member are sued personally and you have to defend that lawsuit (or you have to pay damages), the LLC will indemnify or reimburse you. For this example, I’m going to check off the “Include the liability Statement”. However, if you’re not sure if you need it for your LLC, you can leave it unchecked. In the next few sections, it’s going to get a little repetitive here since we are both the Organizer and the Filer. In the 1st box under “Organizer” where it says “Organizer Name”, you’re going to enter your name. I have listed a sample name here. Next, under “Signature”, we’re going to electronically sign this document by typing out our full name here. And then under “Capacity of Signer”, you’re going to list “Managing Member”. Next, onto the “Filer” box, you’re going to list your name and your address. Once you fill in your name and address, go ahead and click the “Continue” button. On the next page, you’ll see that it formats all the information that you entered. If you scroll down to the bottom, you can then click “Continue”. On the next page here at the top, it says “Optional Information” (your “Federal Employee Identification Number”), you can leave that blank since you don’t have an EIN yet. The State doesn’t need it (plus you want to form the LLC first and then get your EIN afterwards). Again, you can leave that blank. Under “Additional Services”, you can request a “Plain Copy”, a “Certified Copy”, or a “Certificate of Existence” for an additional fee. You may or may not need a Certified Copy of your Articles of Organization when you open your business checking account, so if you don’t mind spending the extra $10, we recommend getting a Certified Copy. If you don’t want to spend the extra $10 right now, you can always do this at a later time. It will now calculate the new fee. In the next section under “Payment”, you’re going to enter your credit card number, its expiration date, and your 5-digit zip code that’s used for your billing address. Once you fill in your credit or debit card information, under “Payment Authorization”, you’re going to check this box authorizing the State to charge your card. Next, under “Email”, please enter your email address and then enter it again for confirmation. Once you’ve entered your payment information and your email address, you can go ahead and click “File Document”. On the next page, you receive a confirmation success message that your LLC has been filed and it’s been approved, and shortly thereafter within a few minutes you’ll get your Filing Receipt emailed to you. Again, your final receipt has your DOS ID Number, your Department of State ID number. and you’ll want to keep a copy of that with your business records. And that concludes this video for filing your LLC online. Once your LLC is approved, you can then proceed to the next Lesson.

Link to State’s Website

http://www.dos.ny.gov/corps/index.html

State Contact Info

518-473-2492 (M-F: 8:30am – 4:30pm)
[email protected] (email)
https://www.dos.ny.gov/corps/contact.html

Next Step

Once your LLC is approved you can proceed to the next Lesson: Operating Agreement.

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Form Your New York LLC by Mail


Video Transcript:

Here we are inside the Articles of Organization. This is a 2-page PDF document. This form can be filled out on your computer, or it can be printed out and then filled out by hand. If you fill this out by hand, please use black ink. Also, make sure to print these documents on white paper that is letter-sized (that’s your standard 8-and-a-half-by-11 inches). Also, I have a professional version of Adobe Acrobat and you may only have the free version of Adobe Reader. You may or may not have the same functionality in order to write inside the document, If that’s the case, simply print it out and then complete this form by hand. All right, let’s get started. In the 1st box, you’re going to enter your LLC name. I’m using a sample company here for demonstration purposes. Make sure to include your designator “LLC” or “L.L.C.”. the comma that I have here is optional. You can include one if you’d like or you can leave it out if you prefer. Next, under Article 1 (“Name”), it’s a little repetitive here, but you’re going to enter the name of your LLC again. Scrolling down Article 2 (“County”), “the county within the State in which the office of the LLC is to be located is”, you’re going to list the county of your LLC’s office address. If you followed our strategy and you’ve hired Northwest Registered Agent in order to use their Albany address and then publish your newspaper ads in Albany county, then you’re going to list “Albany”. However, if you’re just going to publish ads in your actual county, then please list that county her. For this example, I’m going to list “Albany”. Next, in Article 3 (“Service of Process”), in this section you’re going to list the address where the Secretary of State can mail you Service of Process. That means if you’re sued, the State will first get notified and then they will forward you a copy. Please list your name on 1st first line, and then your address on the 2nd and 3rd line. Once you have your name and address filled in, let’s go down to Article 4 (“Registered Agent”). If you did not hire a Registered Agent, you’re going to leave this blank. However, if you hired Northwest Registered Agent, you’re going to list their name on the 1st line, and then their address on line 2 and 3. All right, I filled the information for Northwest Registered Agent for their Albany office. Next, where it says “Signature of organizer”, you’re going to sign on this line after you print this form out. Over here where it says “Print the name of the Organizer”, you’re going to write your name here. Let’s scroll down the page 2. At the top (it says “Articles of Organization of”), you’re going to enter your LLC name again. Next, it says “Filed by”, and you’re going to list your name on the 1st line, and then your address on Line 2 and 3. Once I have that filled out, that completes the document. Again, after you print the document out, you’re going to sign here above where it says “Signature of organizer”. You’re then going to mail this document along with a check or money order for the filing fee. The filing fee amount, the accepted forms of payment, and the address where to send this document to is listed below this video. After you mail this document to the State, you receive back your approval and your filing receipt in approximately 1-2 weeks. Once you receive your LLC approval, you can then continue to the next Lesson. If you have any questions while going through the Articles of Organization, you can contact the State. Their phone number is listed below this video. And that concludes this Lesson.

Downloads

Articles of Organization (PDF)

Filing Fee

$200

Accepted Forms of Payment

Check or Money Order

Make Payable To

“Department of State”

Filing Instructions

Mail your Articles of Organization with your check or money order (for $200, made payable to the “Department of State”) to:

Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

Expected Approval

When filing by mail, you can expect your LLC to be approved in 1-2 weeks.

What Does Approval Look Like

The State will mail you a Filing Receipt once your LLC is approved.

State Contact Info

518-473-2492 (M-F: 8:30am – 4:30pm)
[email protected] (email)
https://www.dos.ny.gov/corps/contact.html

Next Step

Once your LLC is approved you can proceed to the next Lesson: Operating Agreement.

Need to save time? Hire a professional to form your LLC in New York:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
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58 Comments

  1. Jason February 13, 2017

    Im looking for a registered agent to file….well change my filing county with NYS. From Brooklyn, NY….Kings County, to Albany County. How can you help with that?

    reply
    • Matt Horwitz February 13, 2017

      Hey Jason, it’s Matt. We were just chatting on Youtube. Feel free to use our contact form and leave your phone number: http://llcuniversity.com/contact. I’ll give you a ring and run through it with you. In short, we can change your address, publish your ads, file your Certificate of Publication, and then change your address back.

      reply
  2. jack dougherty February 21, 2017

    Hey Matt,

    Just stumbled upon the website after viewing your youtube videos. What excellent resources. I left a comment on your youtube video, but I’ll post it here also (in case it reaches faster).

    “At 1:58, when you are going over the Service of Process, what is a service of process company? I am assuming it is different from a registered agent. Also would we have to put our personal home address for this portion and would the party/parties suing me know my address? Thanks in advanced.”

    reply
    • Matt Horwitz February 21, 2017

      Hey Jack! Thank you for the kind words! Typically, the Agent for Service of Process and the Registered Agent are one and the same, but NYS is weird in that, by default, the NY Department of State serves as the Agent for Service of Process and then forwards a copy to you at any address you like (it doesn’t have to be your home address). Additionally, you can use a Commercial Registered Agent, but most people don’t need one unless they are looking to setup their LLC with an address in Albany (to avoid high newspaper fees in more expensive counties; mostly the 5 boroughs).

      The address you use will become part of public record, so yes, the party suing you will know your address. The address does not have to your home address. It can be an office address, a family member’s address, or the address of a Commercial Registered Agent. I know all that sounds confusing probably lol! Try going though our NY course lessons in order. It helps make everything a lot more digestible. Hope that helps! Let me know if you need anything else.

      reply
      • jack dougherty February 22, 2017

        Hi Matt,

        Because you said that it will become part of public record, would the filer address also possibly become public record? If I do not want to risk showing personal home address, should I input a friend’s house (if they are willing) or a place of business (when i get one). Or would you say that it would be fine to input a personal home address?

        Thanks again,
        Jack

        reply
        • Matt Horwitz February 22, 2017

          Hi Jack, yes it does. The two things people do in this case is, as you mentioned, use a friend’s address, or hire a filing company. Let me know if you need anything else.

          reply
  3. jack dougherty February 23, 2017

    Great! Thanks agin for your help.

    reply
  4. Raji April 15, 2017

    Hi,

    I am an attorney in NYC. I need to change the name of my LLC. Is it better to file the Certificate of Amendment or should I file an Assumed Name (DBA)? Thank you!

    reply
    • Matt Horwitz April 15, 2017

      Hi Raji, thanks for reaching out. You do either one. What is the reason you want to change the LLC name… can you provide some more context?

      reply
      • Raji April 18, 2017

        Thank Matt! I would like to change the name simply because I came up with a name that has a better appeal (sounds better).

        reply
        • Matt Horwitz April 19, 2017

          Hi Raji, thanks for the info. You can follow our NY Certificate of Amendment lesson to change the LLC name. Please also see this lesson and scroll down to the IRS section. Make sure to update the IRS after NY SOS processes the name change. Apologies that this information is scattered across 2 lessons. We’re working on improving this.

          reply
  5. Raji April 19, 2017

    I want to change the name simply because the new one will sound better. Also, can I use the same form (Certificate of Amendment) to change my physical business address? So grateful for you help!

    reply
    • Matt Horwitz April 19, 2017

      Hi Raji, the state of NY actually doesn’t have the full street address of the LLC’s location. They just have the county. They do have the address for where to forward service of process though. Do you need to change that address? If so, then yes, you can use the Certificate of Amendment, or you can use the Certificate of Change. The state accepts both forms for this purpose. The difference is that the Certificate of Change has fields that can be easily filled out vs. the Certificate of Amendment, where you have to draft the language yourself. It’s a bit confusing, I know. Hope that helps though.

      reply
  6. Raji April 20, 2017

    Yes, I need to change the “forward service of process” address (which is also the physical address). So I can use the same certificate of amendment to change both this address and the LLC’s name? Would you happen to have a sample that can guide how to properly complete this form?

    I would rather use the Certificate of Change if it can be used both for the address and name change. However, if I have to use the Amendment certificate for the name change, I might as well use it for the address change as well, right? What a blessing to have found this website!

    reply
    • Matt Horwitz April 20, 2017

      Hey Raji, you cannot use the Certificate of Change to change an LLC name. An LLC name can be only be changed via the Certificate of Amendment. You can change your LLC name via “FIRST” and “SECOND” on the form. Then below, state the paragraph of your Articles of Organization that relates to the forwarding address for service of process, enter its language, then enter the new language in the box below. Hope that helps :)

      reply
  7. Barb June 3, 2017

    I moved out of NYS. My LLC is a NYS LLC but were no longer are using it and have retired. What do we need to do to now?

    reply
    • Matt Horwitz June 5, 2017

      Hi Barb, this is called a voluntary LLC dissolution. You can file Articles of Dissolution (NYS Form 1366) and pay the $60 filing fee. For further instructions, mailing address, and to access the form, please see here: https://www.dos.ny.gov/corps/llccorp.html#dissolve. Additionally – (if you haven’t done so already) – you’ll need to file a final return with the NY Department of Taxation and Finance. More information on that can be found here: https://www.tax.ny.gov/bus/doingbus/ending_business.htm. Please note, when they say “corporations”, they mean all business entities, including LLCs. Hope that helps!

      reply
      • Rob May 8, 2018

        Hi Matt, for my old LLC (I no longer live in NY since 2010) I filed a final return with the NY Dept of Taxation and Finance back in 2013, but I forgot to file the articles of dissolution. Will I incur any fees/penalties when I send in the articles of dissolution now?

        reply
        • Matt Horwitz May 16, 2018

          Hi Rob, I’m not sure about this (but I don’t think so). I recommend calling the Division of Corporations to double-check. Hope that helps.

          reply
  8. Chris July 8, 2017

    Hi Matt,

    Thanks for making the tutorials available online for free. They are tremendously helpful. I have some questions that I hope you can answer for me.

    1) Is it safe to assume that all the information (e.g., Organizer and Filer’s name, email address and physical address) that I disclose on the Articles of Organization form will be publicly available either online or by mail? What are my options if I wish to remain private?

    2) With respect to the Service of Process section, can I designate a Registered Service Agent company like Northwest Registered Agent under “select a Service Company?”

    3) With respect to the Organizer’s title, if there are two members with 50/50 ownership and equal management duties, is it appropriate to list “Managing Member?” Or should it be just “Member?”

    Thanks in advance for your help.

    reply
    • Matt Horwitz July 12, 2017

      Hey Chris, thanks for the kind words!

      1. Yes, the Organizer’s name and address is public. And a lot of junk mail is sent to this address. Physical address is also public. I’m not 100% sure on the email address, but if you call the NY DOS, they can tell you. Best way to remain private is have someone else organize your LLC (like a friend) or to hire a filing company who specifically knows how to maintain your privacy. Feel free to email me for a recommendation.

      2. Yes, you can designate a Registered Agent service company.

      3. It’s most accurate to use the title “Organizer” (for the person who is filing the docs with the state). Then have the Organizer complete a “Statement of Organizer in Lieu of Organizational Meeting”, as well as have the members sign an Operating Agreement. You can find a free Operating Agreement in our NY LLC course, and you can find the Statement of Organizer by searching the full name in the search bar on our website.

      Hope that helps!

      reply
      • Chris July 27, 2017

        Hi Matt,

        Thank you very much! This is very helpful.

        Chris

        reply
        • Matt Horwitz July 27, 2017

          You’re welcome Chris! Thanks for the comment.

          reply
  9. Anderson October 31, 2017

    Hi Matt,

    I have a quick question when setting up an LLC online. On the part where we fill out the Service of processes, if I were to use Northwest as my registered agent, should I use their address if I want to take advantage of fulfilling the publication requirement in Albany or would any address be fine?
    If I use my own address in Service of processes, wouldn’t that show my address in the Articles of Organization? Therefore I would not be able to fulfill my publication requirement in Albany.

    Thank you for all the information you are providing, it makes setting up an LLC less stressful.

    reply
    • Matt Horwitz October 31, 2017

      Hey Anderson, apologies for the confusion. For the Service of Process address, yes, you should use Northwest Registered Agent‘s address there and not your own. Hope that helps. Let me know if you have any followup questions. And thanks for your comment!

      reply
      • Anderson October 31, 2017

        Thank you for the clarification.

        I have another question,

        At the bottom for filer information, should I put my address or Northwest address?

        Thank you again.

        reply
        • Matt Horwitz November 1, 2017

          I’d actually use the NWRA address. If you use your actual address, you’ll receive a whole bunch of junk mail. Nothing important is sent to the filer’s address.

          reply
  10. M Verdugo February 6, 2018

    I paid for the LLC filing online and got a confirmation page with DOS ID, Entity Name and File Number… but I never received a filing acknowledgement email. I’ve emailed the DOS several times and have not heard anything. Any thoughts? thank you – very helpful info here

    reply
  11. Emily February 15, 2018

    Thanks for these resources – super helpful! I just had one question: if you’re filing an LLC with a partner, it doesn’t look like there’s anywhere to enter the other person’s name. Is that correct? Do you just use the Operating Agreement to lay out the other members and percentages (e.g., 50-50), or should we be entering both names somewhere on the LLC filing form?

    reply
    • Matt Horwitz February 21, 2018

      Hi Emily, you’re very welcome! You are correct. LLC Members are not listed in the New York Articles of Organization, but instead, they will be listed in the LLC Operating Agreement (along with their percentage of ownership). If you’d like more helpful documentation, you can have the LLC Organizer (the person completing the Articles of Organization) sign a Statement of LLC Organizer, which will also appoint the Members (in addition to the Operating Agreement). The Statement of Organizer aids in making a more clear “paper trail”. Hope that helps!

      reply
  12. Claudia February 23, 2018

    Hi Matt,
    Thanks for all the information. it help me a lot.
    I have a question, in the articles of the organization in the part:
    DOS Process (Address to which DOS will mail process if accepted on behalf of the entity).
    Can I also write the address of the register agent?
    Thanks!
    Claudia

    reply
    • Matt Horwitz February 25, 2018

      Hi Claudia, it depends on the Commercial Registered Agent that you hired. Please check with them. If you hired Northwest Registered Agent however, then yes, you can use their address for the “address where SOS shall mail a copy of any process against the limited liability company”. Hope that helps.

      reply
      • Claudia February 26, 2018

        Hi Matt, Thanks for your answer! Yes I hired Northwest Registered agent.
        And other question, can I use them in Albany as a register agent and to use their address for “address where SOS shall mail a copy of any process against the limited liability company” and the county in “New York” in the articles of the organization?
        Thanks a lot!
        Claudia

        reply
        • Matt Horwitz February 27, 2018

          Hi Claudia, you’re welcome :) Yes, you can use their address for the “address where SOS shall mail a copy of any process against the limited liability company”. However, if you are using our newspaper publication strategy to save money, then you will not want to list “New York” as the county for your LLC office. Whatever you list as the county for your LLC office is what determines the county in which you need to publish your newspaper ads. Hope that helps.

          reply
          • Claudia February 27, 2018

            Hi Matt, Thanks so much for your answers.
            I made the publications in Albany, and now I am changing the county to New York. But I would like to conserve the Northwest Registered agent services.
            Thanks!
            Claudia

            reply
            • Matt Horwitz February 27, 2018

              You’re welcome Claudia. I see. Make sure you’ve received both of your Affidavits of Publications (from the newspapers), have filed them with your Certificate of Publication, and received back your Filing Receipt for the Certificate of Publication before filing the Certificate of Change. Whew, that was a lot of long names lol. Hopefully that made sense ;)

              reply
              • Claudia February 27, 2018

                Thanks Matt, I received all the documents you mentioned. Do you know how long it takes the state of New York to change the county? In my case I did it with the amendment certificate.
                Your help was very important to us :) Thank you for your time helping entrepreneurs !!!

                reply
                • Matt Horwitz February 27, 2018

                  Hey Claudia, the state is pretty slow and things can lag a bit. On average, it’s about 45 days (plus or minus). You’re very welcome! Thank you for the kind words :)

                  reply
  13. Mag February 25, 2018

    In the Organizer and Filer’s Address section, can i use Northwest Registered Agent address in Albany?

    reply
    • Matt Horwitz February 26, 2018

      Hey Mag, yes, you can use Northwest Registered Agent‘s address for the Organizer and Filer’s address. Great question. We’ll update the lesson with this information soon. The only mail that is sent to these addresses is junk mail anyway, so this will save you a lot of hassle. Hope that helps.

      reply
  14. Sharon May 3, 2018

    Hi Matt,

    I just formed an LLC for a real estate rental related business, but now I’m changing my mind, I would like to do other kind of business. Do I need to form another one or I can make some changes on this existing one, or I can just file a DBA but keep the existing LLC as is?

    Thank you!

    reply
    • Matt Horwitz May 16, 2018

      Hi Sharon, the LLC can have a general purpose, so you don’t have to form a new LLC or change anything. However, if you stated a specific purpose in the Articles of Organization for the LLC (like real estate), you can file a Certificate of Amendment and make the purpose “Any lawful purpose for which an LLC may be organized in the state of New York“.

      reply
      • Sharon May 16, 2018

        Wow, thank you so much for your instruction Matt. Is that Certificate of Amendment the same documentation as the one I will use to change my business address after the publish requirement is fulfilled?
        Thanks again!

        reply
        • Matt Horwitz May 16, 2018

          Although you can use the Certificate of Amendment to make those changes, it’s cheaper to use the Certificate of Change to change the business address. The Certificate of Change is $30 and the Certificate of Amendment is $60. You’re welcome Sharon!

          reply
  15. Al May 9, 2018

    HI Matt,

    First thing your knowledge and clarity is extremely helpful, i really appreciate it.

    Second… i live in New York and will be opening a business in California, i will continue to live in NY, where do i open LLC?

    The main business is being run out of California facility as i will manage sales and accounting out of my ny office.

    Thank You!

    reply
    • Matt Horwitz May 16, 2018

      Hi Al, thank you for the kind words! In this case, you’ll be doing business in both states. You’ll want to either form the LLC in New York and then register as a Foreign LLC in California or form the LLC in California and register as a Foreign LLC in New York. Hope that helps.

      reply
      • Al May 17, 2018

        Thank You for you reply, 1 more question.

        Since i live in NY am i required to open LLC in NY and register as foreign LLC in California or i have a choice to open LLC in NY or California.

        reply
        • Matt Horwitz May 17, 2018

          Hi Al, you’re welcome. Your “base” LLC (the domestic LLC) can be formed in either state.

          reply
  16. Al May 17, 2018

    Will there be tax implications as to where i set up LLC or only the LLC renewal every year will be the difference?

    reply
    • Matt Horwitz May 18, 2018

      Hi Al, you’ll need to file LLC Annual Reports in both states… well, more technically, NY LLCs (domestic and foreign) owe a Biennial Statement every 2 years. CA LLCs (domestic and foreign) owe a Statement of Information every 2 years, however, every year, they owe Annual Franchise Tax, an Estimated Fee (if applicable), Form 568, and any other tax reporting requirements due to the California Franchise Tax Board. Regarding the tax implications of where you form your domestic LLC, that would be a conversation with your accountant. Hope that helps.

      reply
  17. sam September 14, 2018

    How do I know when the LLC was approved?

    When I search for it in the state database, is shows as ACTIVE, but still unsure if that means it’s been approved. Should I receive a letter in the mail?

    reply
    • Matt Horwitz October 17, 2018

      Hi Sam, yes, if you filed by mail, you should receive back a Filing Receipt for your Articles of Organization. If you requested a copy of the Articles of Organization, that will be sent back as well. Hope that helps.

      reply
  18. Julie September 25, 2018

    Hi,

    When I go to the NYS website it says “not for professional service corporations” and I am providing licensed clinical social work services. Is there a different form I need for a PLLC ?

    Thanks very much for your site. It’s so very helpful and well presented.

    reply
    • Matt Horwitz October 20, 2018

      Hi Julie, yes, PLLCs need to use the Articles of Organization that is specific to PLLCs (not the regular one). The PLLC Articles of Organization can also be filed online. Hope that helps.

      reply
  19. XL October 25, 2018

    Hi, Matt

    Thank you so much for these awsome lessons! They are very helpful!

    I have one question to ask you:

    For the email address on the last page of Formation Document, do I put my own email or Northwest Registered Agent email once I hire them?

    Thank you so much!

    reply
    • Matt Horwitz November 22, 2018

      Hey XL, you’re very welcome! That would be your email address, not that of your Commercial Registered Agent. Hope that helps.

      reply
  20. XL November 23, 2018

    Thanks so much for your reply, Matt! It’s very helpful!

    reply
    • Matt Horwitz November 23, 2018

      You’re very welcome XL!

      reply

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