A foreign business owner must determine, amongst other things, the type of business activity they wish to engage in, where they want to be located in the US, where to incorporate or legally form their company, as well as address immigration and tax related questions before they start their business in the US. Foreign owners may form a C-Corporation or Limited Liability Company.
Under New York Limited Liability Company Law (NYLLC LAW), a Limited Liability Company (LLC) may be formed by first filing the Articles of Organization. It is strongly recommended that anyone wishing to start a New York LLC first conduct a name search to ensure their company’s proposed name is available. The search is free and can save money in case the name is not available. NYLLC LAW §203 sets forth the content of the Articles of Organization. NYLLC LAW §209 requires that upon completion of the Articles, a $200.00 filing fee must be delivered to the New York Department of State, Division of Corporations (NYDOS), One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. As of the date of this article, this step can also be performed online. Upon delivery and review, the Articles of Organization will be filed and indexed by the Department of State. The entity is now legally formed in the State of New York and the Division of Corporations will mail an Acknowledgment of Articles of Organization as well as a Filing Receipt, two documents which will be required to appoint a newspaper for publication purposes satisfying NY LLC LAW § 206 discussed below.
NY LLC LAW § 206(a) requires that within 120 days after the effectiveness of the initial Articles of Organization, a notice of forming the LLC [...]