Legal Question in Business Law in New York

Re: Starting a new business

You must first establish the LLC before applying for an EIN. An LLC is applied for by filing documents with the New York Secretary of State. There is a fee associated with that filing and by law, you must publish in two newspapers for a number of weeks the creation of the LLC. We assist and work with small businesses so please let me know if you need anything further. I can be reached at [email protected]. Good luck.

Re: Starting a new business

Yes, the LLC must be formed before you can obtain EIN or any other tax numbers/certificates (state sales tax, workmen's compensation, etc.).

To form an LLC in New York, you must clear the company name, execute and file the Articles of Organization, execute an LLC Operating Agreement and effect publication of a notice. The Operating Agreement is usually the most complicated document you would need to face in the formation of an LLC and depending the structural complexity of your company, number of members and management setup, you may need legal advice to do it right. You will also need some basic organizational minutes prepared and executed to appoint management, authorize the establishment of a bank account, and attend to other operational matters.

You essentially have the choice of doing it yourself (basic forms are available on the website of NYS Secretary of State at http://www.dos.state.ny.us/corp/corpwww.html), engaging a corporate services agency that may provide some basic forms (which may or may not fit your circumstances) and helps with filing them with government agencies or retaining an attorney to handle all of that. Feel free to contact my office if you need legal representation -- we focus on representing startup companies and entrepreneurs.