All LLCs based in New York City should perform a New York LLC name search to comply with the Secretary of State’s naming rules.
Our team has created this New York business name search guide to assist you to check the New York LLC name availability. Apart from meeting the Secretary of State’s naming requirements, you must ensure that your desired LLC name is taken for use only by your New York LLC.
1. Discover the Guidelines for Naming an LLC
Discovering the long list of naming guidelines is the first thing to check off your to-do list. Before finalizing your documentation, it is crucial to complete an extensive New York entity search in order to successfully form an LLC in New York. As a result, you must choose a business name that adheres to New York’s naming regulations.
It is vital to distinguish your company name from the names of other legally registered business entities in New York. As a result, before registering your preferred LLC name, you must do a New York LLC lookup.
In summary, the following are New York’s LLC naming rules:
- In the name of your entity, you must include the abbreviations (LLC or L.L.C.) or "limited liability company."
- You should avoid any mistake with governmental entities such as the FBI or the Treasury when naming your LLC.
- If you want to use prohibited words in your company name, such as Bank or Attorney, you may need to fill out extra paperwork or hire a specialist, such as a lawyer.
2. Conduct a New York LLC Name Search
It is a good idea to perform your search using websites such as the New York Secretary of State Business Search. Enter the desired name and delete certain terms like “LLC,” and leave all other fields blank to complete your New York LLC search more accurately. Thus, these steps will showcase all entities with the same or similar names.
What To Do If Your Preferred Name Is Unavailable
After conducting a thorough New York LLC name check and verifying the business records, there it was – your desired name was already in use. So, what should you do now?
Your only alternative is to brainstorm and choose a different LLC name that is legally accepted by the state. Also, it should not appear to be too similar to the one you previously chose. Then once finalized your potential LLC name, do a New York LLC name reservation as soon as possible.
This process can be potentially difficult for international LLCs that aim to expand in New York.
Despite that your LLC is known in other states by its original name, you must adhere to the Secretary of State’s naming rules; you will need to change it if it is the same or too similar to an existing LLC name in New York.
3. Choose a Web Domain Name
Our team suggests that you make sure you have a web domain name that matches your chosen business name. This modest effort will enable your potential clients to find your business online.
Domain registrars like GoDaddy will allow you to browse a vast diversity of domain names. Therefore, you will be able to select a URL that matches the name of your company.
Find a Domain Now
4. Reserve Your LLC Name in New York
All LLC name questions and requests are administered by the New York Secretary of State’s Division of Corporations, State Records, and UCC. For 60 days, business names can be reserved. If a business entity has not yet been created under the reserved name when the name reservation expires, an applicant who seeks an extension may be allowed two extensions of 60 days each.
To reserve a business name, you must submit an application exclusively by mail. You must pay a filing fee while reserving your name. Checks should be made out to the “Department of State.” You may also pay with a credit card or debit card by completing a Credit Card/Debit Card Authorization Form.
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Additional Considerations
Establishing a business in New York is straightforward; nevertheless, some considerations must be made. Aside from the business entity search in New York, you may do a trademark and social media search before deciding on a name for your company. As a result of further research, you will be able to find out whether or not you will be able to acquire your desired limited liability company name.
Trademark Search
When starting a new firm, you may want to prevent certain pitfalls. We recommend that you conduct a New York trademark search before completing your registration. This will let you explore the existing elements, such as logos and slogans. Furthermore, even if another local corporation has your desired business name as a trademark, this does not exclude you from using it for your company.
Furthermore, you may need to check the firm that is using your preferred LLC name, as well as the industry in which they operate and where they are situated. This will keep you away from violating other companies’ property rights.
In addition, consider the following steps:
- Contact the New York State Library to discover if your company entity name or associated slogans, logos, or others are already in use by another firm in your state.
- You can look through the data found on the United States Patent and Trademark Office’s website and discover if any other company in New York holds the same or similar name as your desired company name.
Social Media Search
It is essential to select a domain name that clearly fits your chosen LLC name, but another issue to consider is if you can create a unique account on social networking sites using the same name. It’s a good idea to use tools like Namecheckr which will enable you to scan your chosen LLC name across all social media networks simultaneously.
Conclusion
Choosing your New York LLC name is exciting yet challenging. As long as your chosen name is legal and unique, you can move forward with the process of formation.
After carrying out a New York entity search and finalizing the LLC name, you may have to decide on a domain name that matches it to help your potential clients easily find your LLC on the web.
Next, you can complete a New York LLC name reservation form, and you will see yourself set apart from the competition.
- Decide on your LLC name. It’s important to ensure that your name is legal and distinctive from the entity names in New York.
- Provide an address to receive legal papers. In New York, every LLC’s “agent for service of process” is automatically the New York Department of State. If your LLC is sued, the Department will accept legal documents on its behalf and forward them to your company.
- Submit your articles of organization. A New York LLC is formed by filing Articles of Organization with the Division of Corporations of the New York Department of State.
- Submit an Operating Agreement. Unline other states, New York required all LLCs to submit an operating agreement. It specifies how the LLC will operate, how it will be managed, and show the rights and responsibilities of each employee.
- Check the publication requirements. Within 120 days of the effective date of its articles of incorporation, the LLC must publish a copy of the articles in two newspapers. The county clerk of the county in which the LLC’s office is situated must identify the newspapers.
- Comply with additional regulations. New York requires LLCs to comply with additional tax guidelines such as getting an EIN, business licenses, as well as other LLC records.
To follow the Secretary of State’s naming rules and regulations, consider adding these words to your LLC name:
- Limited Liability Company;
- LLC; or
- L.L.C.
Moreover, your chosen name should not be comprised of words or phrases that indicate that it is formed for a purpose not specified in its articles of organization.
If you wish to change your New York LLC name, you will need to send the completed Certificate of Amendment to Articles of Organization form, along with the filing fee, to the New York Department of State.
Amendment paperwork is accessible on the Department of State website or in your Northwest online account when you sign up.
It is necessary to come up with an LLC name that is unique from the remaining entity names in New York. To do a New York LLC name check and make sure that it is available, you may perform a free name search on the New York Department of State website.
- The Articles of Organization must be filed with the New York Department of State Division of Corporations for a cost of $200.
- If you want to reserve your LLC name before submitting the Articles of Organization, you must complete a name reservation application for $20.
You are not required to change your LLC name in New York, but it is highly recommended. For example, if your company doesn’t provide the same product or service as specified in the articles of organization, you will need to renew your LLC name to clearly indicate the product or service you offer.
DBA names are not required in New York, but they can be advantageous for sole proprietorships, partnerships, and LLCs. If you do not plan to operate your company under your legal name, you must register a DBA name with the state.
What's Next?
Now that you have your entity name, it's time to take the next steps to establish your New York LLC. Check out our full guide on how to form an LLC in New York, where we can guide you every step of the way.
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