FAQ’s: Forming an LLC

The Process:

To form an LLC one files Articles of Organization with the Department of State.

The filing fee for filing the Articles or Organization is $200 plus a $25 expediting fee.

The firm’s legal fee to prepare and file the Articles of Organization is $150. This fee includes obtaining your new company’s tax identification number.

In New York there is also a publication requirement. Section 206 of the New York State Limited Liability Company Law requires that within 120 days of its formation, a notice in two general-circulation newspapers (one daily, one weekly) in the county where the LLC was formed. The notice must run once a week for six weeks and include a number of facts concerning the company and its formation.

The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication.

A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50. This fee is included in the “NYS Publication fee” listed below.

The firm’s NYS Publication Fee is $400. This includes the $50 filing fee for the Certificate of Publication.

Summary of Cost:

The total cost of filing the Articles of Organization ($225) + obtaining the tax identification number (included) + the firm’s fee ($150) + the NYS Publication Fee ($400) = $775

Estimated time for performance after being retained: 1-2 days except for the completion of NYS publication.

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