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Updated over 9 years ago on . Most recent reply
Forming an LLC in NY
Hello everyone, I have two questions on how to form an LLC. My first questions is after someone has already form an LLC through the state, what happens next? I am currently in NY so I know the process by just going online, picking a name then filling out the article of organization and doing the publication requirement and etc. so after everything is done with the state, what is next? Do I need LLC insurance or how does one get protection? Is it once you for an LLC, you dont need to pay or do anything else afterwards?
Second question is how do other investors who live in NY or another state, forms thier LLC with Nevada protection but yet have it form here? I know Nevada and Ohio are the biggest LLC protector but me living in NY how do i do that process?
Some of my NY investors have done so but wont tell how, competition is high here so i understand some secrets are not to be share.
Most Popular Reply
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@Account Closed
An LLC can be part of an overall asset protection scheme. In real estate, it's usually used in conjunction with insurance and leverage. Filing the registration forms is not too hard, but preparing a proper operating agreement takes some skill and expertise. Some accountants and CPAs will file the registration forms for you, but they are not supposed to do this as it's considered the unlicensed practice of law. More importantly, unless the CPA is also an attorney, he or she won't be qualified to counsel you as to its benefits beyond the tax implications.
As for registering an out of state LLC, it can be done but it's a little more complicated. You need to file the registration with the state you choose. You'll then need a physical presence in that state or a registered agent in that state who can receive service of process for the company. You'll also need to register your foreign LLC to do business in your home state too.
There's obviously a lot more nuance and detail to this but that should give you a good starting point for further research.