Comprehensive Guide to Filing Articles of Organization: A Step-by-Step Checklist

Forming a Limited Liability Company (LLC) is a significant step for any entrepreneur, and one of the crucial steps in this process is filing the Articles of Organization. This document is essential for making your business a legal entity, and it must be completed accurately to avoid any delays or complications. Here is a detailed checklist and guide to help you file your Articles of Organization properly.

Step 1: Choose the Name of Your LLC

The name of your LLC is a critical component of the Articles of Organization. Here are some key points to consider:

• The name must be unique and not already in use by another business in the state.
• The name must include the phrase “Limited Liability Company” or the abbreviations “LLC,” “L.L.C.,” “Ltd. Liability Co.,” or “Ltd. Liability Company.”
• The name should be typed exactly the same in all three instances on the form[1][5>.

Step 2: Designate the County Location

You must specify the county within New York State (or your respective state) where the LLC’s office will be located. For example, in New York City, Manhattan is in New York County, Brooklyn is in Kings County, and Staten Island is in Richmond County. The Bronx and Queens are both boroughs and counties[1).

Step 3: Designate the Secretary of State as Agent for Service of Process

The LLC must designate the Secretary of State as its agent for service of process. You need to provide an address to which the Secretary of State may mail a copy of any process received. This is crucial for legal notifications and actions[1).

Step 4: Complete the Signature and Filer Information

The organizer must sign the Articles of Organization and print their name in the space provided opposite the signature. Additionally, you need to provide the name and address of the filer of the Articles of Organization[1).

Step 5: Pay the Filing Fee

The fee for filing the Articles of Organization in New York is $200. This fee can be paid by cash, check, money order, MasterCard, Visa, or American Express. Checks and money orders should be made payable to the “Department of State.” It is important not to send cash through the mail[1).

Step 6: File the Articles of Organization

You can file the Articles of Organization by mail, in person, by fax, or online. For mail and in-person filings, send or deliver the completed Articles to the New York State Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. For fax filings, use the number (518) 474-1418 along with a Credit Card/Debit Card Authorization Form[1).

Step 7: Receive the Filing Receipt

After filing, the Department of State will issue an official filing receipt. This receipt reflects the date of filing, the name of the LLC, an extract of information provided in the Articles of Organization, and an accounting of the fees paid. It is your proof of filing and should be verified for accuracy[1).

Additional Tips

• Ensure all entries and signatures are typewritten or in black ink on white paper to be compatible with the Department of State’s recording technology.
• Avoid using dark paper, small or light type, outline or condensed fonts, and colored inks.
• If you need expedited handling or certified copies, these services are available for an additional fee.

Conclusion

Filing the Articles of Organization is a critical step in establishing your LLC. By following this checklist and ensuring all details are accurately filled out, you can avoid common mistakes and ensure your business is legally recognized. Remember to keep your filing receipt safe as it serves as proof of your LLC’s formation.