New York LLC Name Change - FAQ

Can I change my LLC Name?

Yes! LLCs in New York can change their name by amending their Articles of Organization that’s filed with the New York Department of State.

How long does it take to change my LLC Name?

Well, that depends on who’s handling it. We are experienced in the New York LLC name change process and can get LLC Name Changes approved within 24 hours. If you use a cut rate service expect it to take longer.

How much does it cost to change my LLC Name?

We charge a flat rate of $700 including the filing fees and expedite fees that are paid to the State of New York. There are no extra costs, and no tax since we are a professional service provider in NYS.

What makes your service the best in New York?

If you use our service, we handle the entire process. Payment can be made online and our Attorney will start the process right away. Once complete, NYS will mail our company certified copies of the confirmation paperwork and we will scan and email to you asap. We will also keep your original paperwork on file in case you ever need it in the future.

How do we get started?

Contact us using our contact form. We will schedule a phone consultation and perform a name clearance search on the new name. If the name you want is available, we’ll draft up the documents and file them ASAP!

How To Expedite a New York PLLC Application

We get asked a lot if it’s possible to expedite NYS PLLC applications. The answer is YES, we are generally able to process these applications much, much quicker than other attorneys who do not specialize in this process, and certainly much quicker that any of the junk services that market to self-filers.

While the New York Education Department does not allow applicants to pay an extra expedite fee, we are still able to get our client’s applications processed quicker by avoiding the common application refusals (there are many), conducting the proper name clearance procedures prior to submission, and docketing the applications efficiently so that we know exactly where each application stands in the queue. All of these items must be done PRIOR to submission. If the application is refused, the applicant must start over and resubmit, which adds at least 3 months of NYS processing time.

The application process generally takes us about 3 to 6 months to complete. Due to the Department of Education bottle neck, these applications cannot be done any sooner (believe me, nobody wants to get these applications processed quicker than the attorney who has it sitting on their desk). Once we receive the New York Education Department’s approval, we are allowed to expedite the next phase of the filing process with the New York Department of State (and we gladly do! the expedite fees are included). The best way to get a PLLC application processed quickly is to hire a professional who has personally processed hundreds of these applications. And the good news is you’ve come to the right place! Check out our Google reviews and email us to set up a free phone consultation.

Choosing a Name for your Limited Liability Company

Everyone wants to come up with a catchy name for their new LLC, but how do you know if the name is available? The first step is to do a name clearance with NYS Secretary of State. The NYS Secretary of State maintains a database of all registered businesses, and new LLC names must be distinct from those already on file. The NYS Secretary of State also has many restricted terms and words that either can’t be used, or require special governmental consents.

If the name is acceptable at the NYS Level, you may also want to consider having a trademark search conducted. Trademarks are generally registered at the Federal level and apply to all 50 States. The USPTO has a publicly searchable database, however interpretation of the search results requires knowledge of trademark law.

Lastly, doing some basic Google searches is not a bad idea. If you see a lot of results for a name you’re considering, perhaps reconsider a more distinctive/creative option. A lot of naming issues, trademark conflicts, etc. can easily be avoided with a little due diligence.

If you’re starting a new LLC send us an email to schedule a free phone consultation. We’re happy to do the basic clearance searches for you and explain how our services can help!

LLC Dissolution in New York

If your LLC is no longer in business it’s best practice to legally dissolve the LLC. The dissolution process in New York is similar to the set up process; it involves drafting and filing of Articles of Dissolution with the New York Secretary of State, payment of filing fees, and winding down of open business accounts.

What are the advantages of LLC Dissolution?

It seems like every year there’s a new scam that involves identity theft of an inactive LLC that was left open. Properly dissolving will help protect against these types of risks and also will help to avoid future renewal fees. There are also man different business reasons why you may want to consider legally terminating an LLC (ie. consolidation, insurance, accounts receivable, etc.)

What are the disadvantages?

There a really no disadvantages per se, other that the fact that it takes a few days to process and payment of legal and state filing fees are involved. However the fees and paperwork are negligible and the process is generally pretty painless.

How to dissolve my LLC?

Shoot us an email and we can schedule a call to discuss. Our LLC Lawyer will handle the entire process for a flat fee and email you the confirmation paperwork once it’s complete.

LLC For Uber Driver - FAQ

We’ve been getting a lot of questions lately from Uber Drivers who are considering setting up an LLC for their new rideshare business. Send us an email if your question if you’d like to add your question to list!

How to Set Up LLC for Uber Driver?

We’ll do it for you! Just send us an email and we’ll get you set up asap. The entire process can be completed online or you can stop by our office in SoHo if you wish. The formation process only takes a couple of days and we’ll email your Articles of Organization, EIN, and everything you need to set up a business bank account.

Advantages of an LLC for Uber Driver?

The main advantage is limited liability protection. By establishing a business entity, you can do business under the umbrella of the company and not subject your personal assets to any risk. There may be tax advantages as well. As a business owner, you can write off your expenses related to the business (including your legal and formation fees) and you may be able to save on taxes too. LLCs can be taxed in a variety of different ways, including as an S-corp, which can limit self-employment taxes in some scenarios.

Are there driving restrictions for Uber of Lyft in New York City?

Yes. In order to drive for Uber, Lyft, or other ride sharing companies in New York City you’ll need a TLC license. A TLC license is a license required by the Taxi and Limousine Commission. You can read more about the application on the Uber website at this link.

How to Start a LCSW Practice in New York

Step 1: Obtain a Certificate of Authority

In order to establish a PLLC or PC business entity for a LCSW practice in New York, one must first obtain a Certificate of Authority from the New York State Education Department. The NYS DOE will issue a Certificate of Authority upon receiving the proposed legal formation documents (that are compliant with their restrictions), licensure information of the practitioner, filing fees, and other organizational documents contingent upon the circumstances. The average state processing time is around 12 weeks.

Step 2: Establish a Legal Business Entity

Most of our LCSW/LMSW clients choose to form a PLLC (Professional Service Limited Liability Company). This is a great option for solo practitioners and creates a distinct legal entity separate from the owner of the company, thus insulating the owners personal assets. Note, that Social Workers can not form a regular LLC. Social Work is a profession in the State of New York and therefore the Department of State requires a professional service entity be formed (PLLC or PC).

Step 3: Open Bank Accounts

Once the entity is established you’ll need an IRS EIN Number to open a business bank account. An EIN number is sort of like a social security number for a business that the bank uses for identification purposes and the IRS uses for tax purposes.

Step 4: Malpractice Insurance

There’s no shortage of insurance brokers in New York who will gladly sell you malpractice insurance for your new LCSW practice. I would suggest pricing out some quotes and choosing a policy that best fits your needs.

Step 5: Hang Your Shingle

Once the company is set up you can start marketing your services. There are so many ways to connect with potential clients the possibilities are endless. Websites, Business listings, traditional advertising, networking, co-working, referrals, blogging, the list goes on. It will take some time to hone your strategy, but once you do the phone will start ringing.

Contact us to inquire about our flat fee PLLC Formation Services!

How To add a Partner to your New York PLLC

Step 1: Review the PLLC’s operating agreement and articles of organization. These two formation documents may contain information about specific procedures for admitting a new member.

Step 2: Amend the PLLC operating agreement and articles of organization as needed to include the new member. If the new member practices a specialty or does not practice the same specialty as the initial member(s), it may be necessary to amend the PLLC company name per NYS Department of Education naming restrictions. It may also be necessary to perform a PLLC name clearance search if changing or updating the PLLC name.

Step 3: Contact the NYS Department of Education. The new members name, residence address, license number, date of admission, and other information must be provided on official company letterhead.

Step 4: Contact us if you need assistance adding a member to your NYS PLLC.

PLLCs for Attorneys in New York

PLLCs are a great choice of entity for solo attorneys in New York. I’ve been practicing through a PLLC for seven years now and I've helped numerous other attorneys set up PLLCs too.

The popularity of PLLCs stem from their many benefits. First and foremost, PLLCs give the owner limited liability protection in areas such as contractual liability, premises liability and personal liability related to business debts. PLLCs also allow for flow-through taxation by default, which means that the entity itself incurs no entity-level federal or state taxes. Instead, the owner pays self-employment taxes on the income earned.

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PLLC maintenance is also a breeze. They require little formality as far as maintenance is concerned and only need to be renewed with the New York Department of State every 2 years. At the LLC Co. we offer full-service PLLC formation services and the NYS processing time is expedited to ensure the fastest possible turnaround. Once complete, we will forward your formation documents to your Appellate Division and get you set up with an IRS EIN number too. Contact us for more information!

LLCs for Freelancers

Setting up an LLC is a great choice for freelancers. In New York City, most major companies will actually require their freelancers to have an LLC in order to secure contract work. LLCs help limit the liability of the employer and the freelancer, thus it's no surprise that LLCs are often a prerequisite for contract work eligibility.

Another key benefit for freelancers is that your LLC can have an EIN (Employer Identification Number) therefore you won't need to use your social security number on all of those 1099s. Your personal privacy is further insulated come tax time and the IRS can easily associate your LLC and EIN for tax purposes. Lastly, setting up an LLC will help you will look more professional compared to all of those other independent contractors out there. Give us a call for more details on setting up an LLC for your freelance business.