New York · DOS-1336-f (Rev. 12/22)
New York Articles of Organization for an LLC
The articles of organization are the document that creates a New York limited liability company. They are filed with the Department of State's Division of Corporations under Section 203 of the Limited Liability Company Law, for a $200 fee, either through the Department's online filing system or on its paper form DOS-1336-f. The state form is optional; the Department says filers may draft their own articles instead.
The form itself is short: a name, a county and an address for legal papers. New York has no registered agent requirement, because the Secretary of State is named as the company's agent for service of process. What sets New York apart is what comes after filing: the company must publish notice of its formation in two newspapers and file a Certificate of Publication within 120 days, or its authority to do business is suspended.
Have the Articles of Organization prepared and filed for you
We fill every field the way the New York Department of State's online filing system expects, check the name first and submit it.
Form Your New York LLCPrivate filing service, not the New York Department of State. The official form and portal are at dos.ny.gov/articles-organization-domestic-limited-liability-company-0, and the state's fee is the same if you file there yourself.
What Articles of Organization Asks For
- 1.Name of the limited liability companyMust end with Limited Liability Company, LLC or L.L.C., and be distinguishable from names already on the Department of State's records. The name appears three times on the paper form (the heading on each page and the FIRST paragraph) and must be typed exactly the same in all three places.
- 2.SECOND: County of the officeThe New York county where the company's office is located. Only the county is asked for, not a street address. The county also decides which newspapers the county clerk designates for the publication requirement, which drives its cost.
- 3.THIRD: Secretary of State as agent, and the post office address for processThe Secretary of State is designated as the company's agent for service of process. You give the post office address to which the Secretary of State mails a copy of any lawsuit or legal papers served on it. This address is public.
- 4.THIRD (optional): Email for electronic service noticeAn email address where the Secretary of State sends notice that process against the company has been served electronically. Leaving it blank does not affect the filing.
- 5.Organizer signature and printed nameSigned by the organizer, with the name printed or typed beside the signature. Any person or business entity may be an organizer, and organizers need not be members, so a filing service can sign.
- 6.Filer's name and mailing addressOn page 2: the name, company if applicable, and mailing address of whoever submits the articles. The filer cannot be the LLC being formed.
- 7.Cover sheet (paper filings)Paper filings go with the Document and Certificate Cover Sheet, which gives a contact name, mailing address, phone and email. The filing receipt is returned to that email address.
Why New York Rejects It
- A name that does not end with Limited Liability Company, LLC or L.L.C., or that is not distinguishable from an existing entity on the Department of State's records.
- The name typed differently in one of the three places it appears on the form.
- The LLC being formed listed as the filer.
- The county of the office, the post office address for process, or the organizer's signature and printed name left out.
- Payment short of the $200 filing fee.
A rejection costs days, sometimes a second fee, and in a few states the name you wanted. Our name check and field review happen before the form goes to the New York Department of State's online filing system, which is most of what you pay us for.
After the State Files It
- Online filers receive an email acknowledgment with the filing receipt attached as a PDF; the Department of State says it arrives within minutes of filing. Copies and a certificate of existence can be ordered at the same time and are attached to that email.
- Online filings do not need expedited handling. For paper filings, the Department of State offers expedited handling for a fee: $25 for 24-hour, $75 for same-day and $150 for 2-hour processing.
- Within 120 days, the company must publish a copy of the articles or a notice of formation in two newspapers designated by the county clerk, once a week for six consecutive weeks, then file a Certificate of Publication with the newspapers' affidavits attached and a $50 fee. Newspaper charges vary widely by county. If it is not done in time, the company's authority to do business is suspended until the certificate is filed.
- The members must adopt a written operating agreement within 90 days of filing. It is kept with the company's records and is not filed with the state.
- Every two years, by the end of the anniversary month, the company files a Biennial Statement with the Department of State for $9.
More on filing in New York: New York LLC filing through NY Department of State.
Articles of Organization Questions
Do I have to use form DOS-1336-f?+
No. The form itself says you are not required to use it and may draft your own articles, as long as they contain what Section 203 of the Limited Liability Company Law requires. The Department also accepts articles through its online filing system, for the same $200 fee, and emails the filing receipt.
Does a New York LLC need a registered agent?+
No. The articles name the Secretary of State as the company's agent for service of process, and the Secretary of State forwards any papers served to the post office address on the articles. That address can be anywhere, but it is on the public record.
Do you handle the newspaper publication?+
We file the articles. Publication is arranged and paid for by you directly with the newspapers the county clerk designates for your county, and the $50 Certificate of Publication follows once the six weeks have run. The 120-day clock starts when the articles take effect.
What does it cost to have you file it?+
One flat service fee plus New York filing & processing, which covers the state's $200 fee and the card and portal processing that goes with it. Both lines show on the checkout page before you pay. Newspaper publication, the $50 Certificate of Publication and the $9 Biennial Statement are paid later and are not part of formation.
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