Checklist: Form an LLC in New York

1. Pick an LLC name and conduct a clearance search. The New York Department of State keeps LLC names in a database that is publicly searchable. Naming restrictions apply and new LLC names must be distinct from those already on file.

2. Draft Articles of Organization. This is the main document that legally establishes an LLC and includes information such as the LLC’s name, address, registered agent, etc. This document must be filed with New York Department of State.

3. Publish your LLC. LLCs in New York must comply with the New York LLC Publication Requirement, which states that new LLCs must publish legal notices for six weeks in two designated publications by their County Clerk. The notices and affidavits must be filed with the NYS Dept. of State along with a Certificate of Publication within 120 days of the date that the LLC was formed.

5. Draft an Operating Agreement. This is an internal company document outlines ownership interests, procedures for adding new members to the LLC, allocation of profits and losses, and other important procedures for the members. Important for LLCs with more that one Member.

6. Get an IRS EIN Number and open a bank account.

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