Are there requirements I must follow when choosing a name for my corporation or LLC?

Yes. Each state has different requirements (we can guide you through the specifics for your state), but generally speaking, your name must be different than all others on file in the state in which you wish to incorporate. Additionally, your name generally cannot contain certain words that suggest an association or affiliation with the federal government, and must end with a corporate designator (i.e. “Corporation”, “Inc.”, “Ltd.”, etc.)

I am forming an LLC in New York. Why do I need your services?

New York State is one of a handful of states that requires LLCs (and certain other corporate entities) to publish an announcement of their formation in the county of their principal business location. The specific publishing requirements are complex, and failure to comply to the letter could prevent you from doing business in New York. Attention to detail and a thorough knowledge of the law are essential for success.

What does New York’s LLC publication process involve?

In New York, you must publish a notice of formation in two newspapers – a daily and a weekly – in the county of your principal business location. Each notice must run for six weeks in newspapers approved by the county clerk for this purpose. When the six weeks are complete, the newspapers send you Affidavits of Publication, which are then forwarded with the Certificate of Publication to the Office of the Secretary of State for filing. The entire process must be completed within 120 days from the date of formation. Notably, Windsor Publishing completes the process within 10 weeks of receiving your work – guaranteed.

I want to form a Corporation in Delaware. What paperwork is required by the Delaware Secretary of State?

The Delaware Secretary of State requires anyone forming a corporation in Delaware to file a Certificate of Incorporation, which includes information on the corporation’s name and address, name of incorporator, number of shares the corporation is authorized to issue, name of registered agent, etc. You are not required to file corporate bylaws with the Secretary of State, although we highly recommend you create bylaws and keep them on file in your primary place of business.

I am forming an LLC in Texas, and I was told I needed to file a Certificate of Formation. What is involved in that process?

Texas requires anyone forming an LLC in that state to file a Certificate of Formation with the Texas Secretary of State. This document includes the LLC’s name; certain details on the LLC’s management; and information about the LLC’s registered agent, governing person(s) and organizer, among other things. We can handle the filing and submittal process for you in a timely and cost-efficient manner.

When forming a corporation in California, how do I make sure my corporation’s name is acceptable, and how do I reserve it?

California offers free preliminary availability checks for new corporation names. To take advantage of this, you must complete a Name Availability Inquiry and mail it into the California Secretary of State’s office. We can assist with name availability searches and performing the inquiry on your behalf. Notably, California allows you to reserve a new corporation name for up to 60 days. Again, we can handle this process for you as it can become a rather involved process.

Adding a New Member to Your LLC in New York

21 Tuesday, December, 2022

One of the many benefits of establishing your business entity as an LLC in New York is the ease with which you can add or change members. To get started, consult your LLC’s current Articles of Organization, along with your Operating Agreement, to review any guidelines or stipulations they may contain regarding the proper procedures for admitting a new member.

New Member to Your LLC in New York

There are only a couple of simple steps to follow to add a new member to your LLC:

1.A member-managed LLC may require the consent of a specified number or percentage of existing members to add another member. If your LLC is manager-managed, you will need the manager’s approval. In New York State, unless your Operating Agreement specifies the required consent of other members, the default law mandates a majority vote or a written consent of the LLC’s majority.

2.Once a new member has been admitted to your LLC, you should either amend your Operating Agreement or draft a new one. Your new or amended Agreement should reflect the newly added member and delineate each member’s roles, duties, responsibilities, distributions, allocations, and voting rights.

3.You do not need to file your Operating Agreement with the State of New York, it is an internal document for your LLC members only. Unless you are a professional LLC (PLLC), you are not required to include the names or contact information of your members when you file your Articles or Organization with the state.

4.You do not need to notify the IRS of your added member, since the agency will be made aware of it when taxes are filed at the end of the year. However, if you go from being a single-member LLC to a two-or-more-member LLC, you will need to file a different tax form at the end of the year, IRS Form 1065, Return of Partnership Income.

Help With Incorporation in New York State

Navigating the rules and regulations of the New York State Department can be time-consuming and confusing, especially if you are busy trying to get your new business up and running.

At Windsor, we pride ourselves on helping you get your business entity legally established, with minimal hassles and headaches. Contact Windsor today, and let us take the guesswork out of incorporation for your new or existing business.

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Adding a New Member to Your LLC in New York

New Member to Your LLC in New York

There are only a couple of simple steps to follow to add a new member to your LLC:

Help With Incorporation in New York State

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