HOW DO I FORM A LIMITED LIABILITY COMPANY?
LEGAL SERVICES
In order to form a limited liability company (LLC) in the Hudson Valley, you will need to follow these steps:
Choose A Name For Your LLC:
Choose a unique name that complies with the New York State LLC name requirements. Although the New York Department of State has a database of entity names it is not always current or complete. It is best to check with a professional.
Consider Appointing A Registered Agent:
While it is not legally required, you may wish to appoint a registered agent who is authorized to receive legal documents on behalf of your LLC in New York.
File Articles Of Organization:
You will need to file Articles of Organization with the New York State Division of Corporations. The Articles of Organization include basic information about your LLC, such as its name and address.
Publish A Notice Of Formation:
You will need to publish a notice of formation in two newspapers in the county where your LLC is located. This notice must be published once a week
for six consecutive weeks. The newspapers must be designated by the county clerk.
Obtain Any Required Permits And Licenses:
Depending on your business activities, you may need to obtain additional permits and licenses from local or state agencies.
Draft An LLC Operating Agreement:
New York law requires that every LLC have a written operating agreement. This document outlines how your LLC will be managed, the rights and responsibilities of its members, and other important details.
Obtain An Employer Identification Number:
You will need to obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). An EIN is required for tax purposes, such as filing tax returns and opening a business bank account.
Before forming your entity, we recommend you consult with a business attorney to ensure that you comply with all the necessary legal and tax requirements.
