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New York recognizes many business forms including the limited liability company (LLC), corporation, limited partnership, sole proprietorship, general partnership and other less familiar forms. Each has its own advantages and disadvantages.
Organizers form an LLC by filing the Articles of Organization, pursuant to Section 203 of the Limited Liability Company Law, with the Department of State. Organizers prepare, sign and file the Articles of Organization that creates the LLC.
Formally establishing a corporation, limited liability company (LLCs), limited partnership and other business entity is the first step to doing business in New York State. If you are seeking to do business in New York, you must file with the Department of State as outlined below.
If you have any questions about performing a search or the results you receive, please contact the NYS Department of State, Division of Corporations at (518) 473-2492, Monday - Friday, 8:45AM – 4:30PM Eastern Standard Time.
Domestic and foreign limited liability companies (LLCs) are required by Section 301(e) of the Limited Liability Company Law to file a Biennial Statement every two years with the New York Department of State setting forth the address to which the New York Secretary of State shall mail a copy of any process accepted on its behalf.
Complete and file the Articles of Dissolution with the Department of State. The completed Articles of Dissolution, together with the statutory fee of $60, should be forwarded to: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Customers are encouraged to use the online filing system available on the Department of State's website to form business corporations and limited liability companies. Additionally, all documents and requests can be mailed to:
Domestic and foreign limited liability companies are required by Section 204(c) of the New York State Limited Liability Company Law to conduct their activities under their true legal name in New York State unless it complies with the requirements of Section 130 of the New York State General Business Law.
Existing domestic and authorized foreign corporations and other business entities may update their status or amend their records on file with the Department of State by filing documents such as certificates of amendment, certificates of merger and certificates of dissolution.
A domestic limited liability company may amend its name by filing a Certificate of Amendment pursuant to Section 211 of the New York State Limited Liability Company Law. The Articles of Organization may only be amended to amend or add such provisions that may be lawfully contained in the initial Articles of Organization (i.e., name change, etc.)