Which county is right for me?
January 17, 2012 3:45 PM   Subscribe

In which county should I locate my New York state LLC? Does it matter? Details inside... (and let's get this out of the way: I know you are not my lawyer)

I'm a college senior looking to LLCify my freelance web design operation. I've thought a lot about it and I'm confident an LLC is the right move, based on expected growth and business plans in the year ahead.

I'm based in New York, and have no plans to leave the state. My credit union of choice and my parents are both based in Herkimer County, and I still use my home address for credit cards, my driver's license, etc. BUT I currently go to school/reside in Erie County and it seems likely I'll stay out here for a little while longer after college before trekking to NYC and environs in the more distant future.

The next few years are very much up in the air in my personal life, but this is something I really want to lock down now.

Does it make sense to LLCify where I know I have a stable address and my bank (Herkimer County) or do I have to LLCify where I actually do the work (Erie County)? Will LLCifying in Herkimer County mean I'll have to make regular three hour trips home to file stuff with the county clerk and all that jazz?

Or am I just overthinking it, and the county really doesn't matter that much, and I should just pick one and register already?

Thanks AskMeFi!
posted by cvp to Law & Government (5 answers total)
 
Don't know about New York, but in the states I know, registration of an LLC is done with the state. The county is where you get a business license or register an assumed name if you haven't also done it with the state.
posted by yclipse at 3:51 PM on January 17, 2012


Response by poster: I wish that were the case in New York! From New York State's OPAL website:
"The Articles of Organization must designate a county within New York State where the LLC's office will be located. The county name is the only information required for the office location."
I don't really have an "office," which is the issue I suppose. I work from my laptop, wherever that is on a given day.

If I define my home as the "office" and then work "remotely" is that an issue?
posted by cvp at 3:58 PM on January 17, 2012


Best answer: In New York, the address of the LLC doesn't have to match the county. Your best bet is to form it in Albany, publish it in Albany (all LLCs have to be published and Albany is the cheapest) then move it to whichever county is easiest for you.

(I do this sort of thing for a living, so feel free to MeMail me for more info.)
posted by griphus at 5:04 PM on January 17, 2012 [1 favorite]


Sorry, all LLCs in New York State have to be published, not all LLCs.
posted by griphus at 5:10 PM on January 17, 2012


FYI, you can submit your articles of organization online (via your link to OPAL above), no need to file in person.

Also, as griphus said, keep in mind that LLCs in New York come with a publication requirement, which requires a legal notice of your LLC's formation to run in two publications (one weekly and one daily) for 6 weeks. The cost of this varies by county (e.g. $200 in Monroe County, but up to $1500 in NY county). I suspect Herkimer/ Erie are in line with Monroe.
posted by melissasaurus at 4:29 PM on January 18, 2012


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