Statues Governing New LLC’s

Creating an LLC is a multi-step process. However, for immediate purposes, the key elements are preparing articles of organization and an operating agreement; the articles of organization will be filed with the Department of State. After the initial LLC filing is complete, several more steps need to be taken to ensure that the LLC remains legal and active with the Secretary of State. Within 120 days after the formation of the LLC, the entity is required to publish 2 legal advertisements in 2 different county clerk designated publications to run once per week for six consecutive weeks. Once this step is complete, the LLC is then required to file notarized affidavits, provided by the news publications in which the ads were run, along with a Certificate of Publication with the Secretary of State. Once this requirement is fulfilled and all documents have been properly filed with the Secretary of State, Division of Corporations, the LLC can continue to do business in the State of New York legally.

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