New York LLC Operating Agreement
Generate a llc operating agreement tailored to New York law. Our AI incorporates NY-specific statutory requirements, disclosure obligations, and legal standards into every document.
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New York Legal Requirements
Key NY statutes and obligations that apply to your llc operating agreement.
Requirements
- LLC Law § 417: operating agreement required and must be in writing
- Publication requirement: LLCs must publish notice of formation in two local newspapers for 6 weeks
- Annual filing fee: $25 biennial report
- New York City: NYC Business Corporation Tax and NYC GCT may apply
- Low-profit LLC (L3C): available in New York for social enterprises
Restrictions & Limits
- Publication requirement cost: $1,000–$2,000+ in NYC counties
- Foreign LLCs must also publish upon registration
- Professional LLCs (PLLCs) required for licensed professionals
Official Statute References
Primary New York statutes governing this document type.
New York LLC Operating Agreement FAQ
Common questions about llc operating agreements under New York law.
Does New York require an LLC operating agreement?
Yes. New York LLC Law § 417 requires every LLC to have a written operating agreement. Unlike most states, New York mandates the agreement be in writing, not just adopted orally.
What is New York's LLC publication requirement?
New York LLCs must publish a notice of formation in two newspapers designated by the county clerk for 6 consecutive weeks within 120 days of formation. Failure to comply can result in suspension of the LLC's right to sue in New York courts.
How much does it cost to form an LLC in New York?
State filing fee: $200. Publication costs vary by county: $40–$100 in most counties but $1,000–$2,000+ in NYC counties (Manhattan, Brooklyn, Queens, Bronx, Staten Island). Total startup costs in NYC can exceed $2,500.
What taxes does a New York LLC pay?
Multi-member LLCs taxed as partnerships pay New York state income tax on members' shares. NYC adds the NYC Unincorporated Business Tax (UBT) at 4% on net income above $95,000 for businesses operating in the city.
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LLC Operating Agreement by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.