Starting a Business - 18

The LLC in New York Part I - Formation
A Limited Liability Company is a hybrid form that combines corporation-style limited liability with partnership-style flexibility. The owners are called members. It is an unincorporated business organization which is formed when one or more persons or business entity, called organizers, prepare, sign and file the Articles of Organization with the Department of State. The articles of organization must include name of the LLC, the county location, designation of Secretary of State as its agent for service of process and an address to which the Secretary of State may mail a copy of any process received.
After formation of the LLC, you are required to publish a notice in two newspapers which must be designated by the county clerk of the county in which the office of the LLC is to be located over six consecutive weeks. A Certificate of Publication, with an affidavit of publication from each newspaper must be filed with the Department of State.
Furthermore, the operating agreement which is the primary document that establishes the rights, powers, duties, liabilities and obligations of the members between themselves and with respect to the LLC may be entered into before, at the time of, or within 90 days after the filing of the Articles of Organization. It is an internal document of the LLC and is not filed with the Department of State.