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.

How Can an LLC Benefit Your Small Business? [Infographic]

21 Tuesday, December, 2022

Whether you have a sole proprietor or partnership business in the USA, you should register it as an LLC. You can gain the protection of a corporation and the flexibility of a small company with an LLC.

An LLC is an excellent tool for small businesses to safeguard their assets and pass through dual tax compliance. Therefore, Limited Liability Companies in the US are accountable for 70.4% of all partnership returns.

So, if you are launching a new business in the culturally and economically rich New York City in 2021, you need to know how to obtain an LLC in NYC. It is pretty easy and profitable to set up your business in the rising NYC economy. In 2017, the New York GDP was recorded at $1.5 trillion, so you can quickly grow your business in NYC.

Let’s understand what an LLC is and how it can benefit your small business:

What is an LLC Business?

An LLC, aka Limited Liability Company, is a business model between a corporation and a sole proprietorship structure. It offers sole proprietorship’s pass-through taxation along with the corporation’s limited liability facility.

An LLC is not considered a separate entity; it doesn’t take taxes and losses on its own. All the company’s profits and losses are based on the LLC owners’ income tax. Alongside, LLC owners are protected from personal liabilities.

The prime features of the LLC businesses are:

Owner’s Limited Liability: Limited liability feature means when the LLC is subjected to litigation or ordered to pay debts, its members can’t be personally held liable. Especially, creditors can’t come after LLC members’ personal assets.

Taxation Flexibility: The Internal Revenue Service (IRS) doesn’t have a separate LLC tax category. It can be taxed as a partnership or corporate firm.

Management Flexibility: Unlike corporation setup, LLCs offer management and operational flexibility to their members. An LLC doesn’t need to organize all members’ meetings or appoint a board of directors. Members have the flexibility to manage the day-to-day activities at their convenience.

How to Obtain an LLC in NYC?

Building your business on the right foundation is the stepping stone of long-term success. Selecting your business’s legal structure is one of the critical parts of forming your company.

If you are wondering how to obtain an LLC in NYC, and think of it as a challenging task, it isn’t. You have to file the Articles of Organization with the state and pay the fixed filing fees. The process is simple and you can form an LLC online with Windsor.

However, if you have no clue on how to obtain an LLC in NYC, you have to follow these simple steps:

First, choose a unique and unused company name.
Provide your office address; you can also give your home address if you work from home.
Select your Registered Agent service to save your time and money.
File your company’s Articles of Organization with New York State.
Consider all New York’s publications for setting up a new LLC.
Draft your Operating Agreement to define managers’ and members’ roles and responsibilities in the organization.

That’s it! Your LLC in NYC is now formed. How to obtain an LLC in NYC is super simple, but you can make it simpler with Windsor Corporate Services support. In our Standard and Ultimate packages, you will get end-to-end LLC formation solutions.

Benefits of Forming LLCs

LLCs contain benefits of the sole proprietor and corporate business models, such as:

Management and Operational Flexibility

An LLC enjoys complete flexibility from management and operation perspectives. LLC owners have the facility to manage their company on a sole proprietor or corporate basis. They can single-handedly manage their organization or can appoint managing partners; they have full flexibility.

LLC members can decide their operating role within themselves. They can even at any time change their responsibilities with mutual consent in NYC.

Taxation Leverage

Pass-through taxation is the common sole ownership scenario where LLC profits are treated as its owners’ income. LLC owners’ profits are directly subjected to their personal income tax. With an LLC, a double taxation system can be avoided as owners must pay only personal income tax — no corporate tax compliance.

LLC owners have to pay self-employment taxes, but they can get the Social Security and Medicare tax deductions that usually employees and employers pay. Additionally, LLCs in New York have to pay extra franchise tax as state-filling rates are higher here.

Limited Liability Coverage

LLC owners receive the limited liability coverage that protects them from the company’s liabilities. If someone sues the company, plaintiffs are technically suing the company only — not partners. In this scenario, members’ personal assets are secure and can’t be liquidated to pay plaintiffs.

Fewer Profit Distribution Restrictions

LLCs can distribute profit among members however they please. These businesses have fewer restrictions related to profit sharing. Unlike corporate organizations, where equal profit sharing is compulsory, LLCs can divide profit anyway. They can share profits based on capital contribution or individual members’ responsibilities.

How Can Small Businesses Benefit from an LLC?

Importantly, LLC owners can safeguard their personal assets through limited liability. Small business owners can keep their personal belongings aside in case the company is being sued. Moreover, limited liability is gained without any extract cost or corporate complications.

Secondly, LLC owners won’t have to file separate income tax and business tax. All your income and expenses will be treated in a personal income tax report. It is a major shortcoming of corporation setup where tax is paid on net profit before distraction. This makes business owners pay tax twice, but with LLCs, it’s not an issue.

For small businesses, having “limited” words behind their name makes them look more professional and credible. People will trust and recognize your brand better when they know you are a registered organization.

Quick LLC Registration in New York

To quickly and effectively obtain LLC in NYC, you have to contact Windsor Corporate experts. We can handle all technical parts of the job so you can focus on building your dream business. Our team has mastered the process in which you form an LLC in NYC; share your requirements with us and launch your business in no time.

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