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Instant LLC

What is a Instant LLC?

A New York State LLC that has completed the publishing requirement can transfer ownership to someone else. This is especially useful for those who don’t want to deal with the publishing requirement. Updating an LLC’s address and changing the name are relatively straightforward, so you can still have the company name you want with a head start.

Here are the steps to request a Certificate of Authority for your foreign LLC:
  1. We form a NYS LLC.
  2. We complete the NYS publishing requirement (the publishing requirement only needs to be completed once).
  3. We execute an LLC purchase agreement.
  4. We offer to change the name of the LLC and update your address and information

The Steps

Form Your LLC

Publish Your LLC

Obtain an EIN

Limited Liability Formation

What is an LLC?

A limited liability company (LLC) is a flexible, easy to form business entity. Members of an LLC draft an agreement that determines ownership, contributions, and profit and loss allocation. An LLC’s profits are not directly taxed. Instead, the operations of the LLC are divided and allocated to its members. Each member then combines the profits (or losses) with their other income, and are then taxed on an individual basis.

Here are the steps to form an LLC in the State of New York:
  1. Confirm that the name you want for your LLC is available. You can do this by checking with the Department of Corporations.
  2. File the Articles of Organization with the Department of Corporations.
  3. Pay the $200 filing fee.

The Steps

Form Your LLC

Publish Your LLC

Obtain an EIN

PLLC Formation

What is a PLLC?

If you want to form an LLC that provides a professional service, such as a medical office, or a law firm, you’ll need to form a professional limited liability company (PLLC). In New York State the Department of Education manages and maintains professional licensing. Before a PLLC can be formed its members need to be granted permission from the Department of Education. The Department of Education verifies that certifications are current and ensures that business entities are formed within their specific professional parameters.

Here are the steps to form a PLLC in New York:
  1. Confirm that your LLC name is available with the Department of Corporations.
  2. File the Articles of Organization with the Department of Corporations.
  3. Pay the $200 filing fee.

The Steps

Form Your PLLC

Publish Your LLC

Obtain an EIN

Incorporation

What is a Corporation?

A C-Corporation is an entity whose ownership is comprised of equally valued shares of stock. Because it is a separate tax entity, and not a pass-through tax entity, its income is subject to income tax. The distributions (i.e., dividends) made to its shareholders are then subject to tax as well. This is the type of double taxation that people try to avoid by forming an LLC or making an S-Corp tax election.

Here are the steps to incorporate your business in New York State:
  1. File a Certificate of Incorporation.

The Steps

C-Corp

Obtain an EIN

Flat Fee Publishing

What is Flat Fee Publishing?

We allow our clients to use our Albany office address for their business. By doing this, it allows the publishing requirement to be satisfied in Albany county. Why publish in Albany county? Mainly because the publication requirement in Albany county can be hundreds to a thousand dollars cheaper than publishing in other counties. (Don’t worry, this is all perfectly legal!) After the publishing requirement is finished, we offer you the option to change the address of the business. The publishing requirement only needs to be completed once in the lifetime of the entity, so changing the address of your business will not make it so you need to go through the publishing requirements again.

Here are our steps for flat fee publishing:
  1. We file a Certificate of Change with the state, using our Albany office as your LLC’s office.
  2. We prepare and file your legal notice with the designated newspapers for six weeks.
  3. We file and pay for your Certificate of Publication.
  4. We load all of your documents to our Client Portal so you access them at any time.
  5. Upon you request we file a Certificate of Change to update your mailing address from our office in Albany.

The Steps

Form Your LLC

Publish Your LLC

Obtain an EIN

LLC Publishing

What is the LLC Publishing requirement?

New York State requires limited liability companies (LLCs), professional limited liability companies (PLLCs), and limited Partnerships (LPs) to prepare a legal notice that contains some basic information about the business entity, as well as some required language. The notice then needs to be run in two different newspapers for six consecutive weeks. To complete the process, proof of publications needs to be filed along with a Certificate of Publication. The state requires that LLCs, PLLCs, and LPs complete the requirement within 120 days of formation. The same requirements apply if you gain authority for a foreign LLC (an LLC formed outside of the state).

Here are the steps to publish an LLC in the State of New York:
  1. Prepare your legal notice that contains the required information about your LLC.
  2. Contact your county clerk for a list of designated newspapers in which you’re allowed to run your legal notice.
  3. Set up your legal notice so that it runs for six consecutive weeks, and pay the newspapers for running the notice.
  4. Request an affidavit of publication from the newspapers, affirming that your notice ran in the papers.
  5. File a Certificate of Publication along with the affidavits of publication, and pay the filing fee to the Department of Corporations.

The Steps

Form Your LLC

Publish Your LLC

Obtain an EIN

EIN

What is an EIN?

An EIN, or Employer Identification Number, is an identification number assigned by the IRS to businesses. The IRS uses it to identify business just like it uses a Social Security number to identify individuals. An EIN is required if you have employees, operate a partnership or corporation, or if you want to open a business bank account.

Here are the steps to obtain an Employer Identification Number from the IRS:
  1. Fill out form SS-4. What you’ll have to fill out includes, but is not limited to, the following. (i) Entity information, (ii) business purpose, and (iii) a responsible party.
  2. You can file the form by:
    1. Mail
    2. Fax
    3. Electronically

The Steps

Form Your LLC

Publish Your LLC

Incorporate

Obtain an EIN

Certificate of Authority

What is a Certificate of Authority?

Individual states authorize the existence of LLCs and C-Corps. If you form your business in one state, but want to conduct business in another state, you’ll need to request that the other State recognize your business and grant it authority to operate within that state. In New York, foreign LLCs are also required to complete the publishing requirement. Be wary of forming your business out of state without understanding the filing requirements, annual fees, and actual legal or tax benefits.

Here are the steps to request a Certificate of Authority for your foreign LLC:
  1. File the Certificate of Authority with the Department of Corporations.
  2. Pay the $200 filing fee.

The Steps

Form Your LLC

Publish Your LLC

Obtain an EIN

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