Articles of Organization in New York

Articles of Organization is the legal document that creates a Limited Liability Company (LLC) in New York.

Articles of Organization is the legal document that creates a Limited Liability Corporation or LLC in New York state. Although the document itself is simple, New York has specific name and publishing requirements that must be followed to continue doing business as an LLC in the state.

The Basics

New York requires that Articles of Organization include the LLC's name, the county it operates in, the address where legal notices should be sent, one signature, and the name and address of the person filing the document. It is simpler than a corporation's Articles of Incorporation because ownership structure, rights and responsibilities are instead included in a separate Operating Agreement which, in New York, must be signed at or within 90 days of forming an LLC.

How to File

Articles of Organizations and a $200 filing fee are filed with the New York State Department of State Division of Corporations, which returns a filing receipt with the date of filing. An LLC must also publish notice of its formation within 120 days of this date once a week for six consecutive weeks in two newspapers designated by the county clerk where the LLC operates. At the end of the six weeks, the newspaper publisher will give you an Affidavit of Publication which the LLC must attach to a Certificate of Publication and file with a $50 fee to the Division of Corporations within 120 days of the LLC's formation or qualification.

Name Requirements and Articles of Organization

Make sure that the name you've chosen for your LLC is available before filing Articles of Organization by searching the state Corporation and Business Entity Database and including a printed copy of the results with your Articles of Organization filing. You can reserve a name for your LLC for up to 60 days by filing an "Application for Reservation of Name" with a $20 fee. The LLC's name must include the words "Limited Liability Corporation" or the abbreviations "LLC or "L.L.C.".

References

• New York State State: Forming an Limited Liability Company in New York
• New York State: Limited Liability Company Filings
• New York State: Fillable Articles of Incorporation
• New York State: Application for Reservation of Name
• Nolo: Form a New York LLC

Resources

• New York State Division of Corporations: Forming an Limited Liability Company in New York
• New York State: Fillable Articles of Incorporation