A member-managed LLC may require the consent of a specified number or percentage of existing members to add another member. If you were originally the only member of your LLC, you may not have included a buy-sell provision in your Articles of Organization. New York recognizes many business forms including the limited liability company (LLC), corporation, limited partnership, sole proprietorship, general partnership and other less familiar forms. Choose a name for your LLC.

How To File An Amendment For A New York LLC Step By Step Guide To New York LLC Amendments How to file a New York LLC Amendment: To make amendments to your New York Limited Liability Company, you must provide the completed Certificate of Amendment to Articles of Organization form to the New York Department of State by mail, fax or in person along with the filing fee. It is important to follow the procedure described in the agreement because it helps to show that your LLC really is an independent entity that follows its own rules. What paperwork do I file with the state? Each has its own advantages and disadvantages. Fulfill publication requirements. For more information on how to form an LLC in any state, see Nolo's article How to Form an LLC. It also provides terms that allow your LLC to continue to operate if one of the founding members wants to part ways with the company. A few questions I get asked often are: how do I add an LLC member to my business? Here are the steps you need to take to form an LLC in New York (NY). An LLC can sell or provide membership interests to new members by adhering to the instructions delineated in its operating agreement. Prepare an LLC operating agreement. Your LLC’s operating agreement probably describes the procedure you must follow to add a new member, including the way the membership must be voted on. Adoption of Operating Agreement. How to Add a Member to an Existing LLC. That process could include a required vote or approval of the managers or existing members. 1. Review the LLC's formation document and current operating agreement. If you were a single-member LLC, you may need to indicate on your state amendment forms how your LLC will now be managed. Once the new member has been voted in, the next step is amend the operating agreement or draft a new agreement to reflect the addition of the new member.

Alternatively, your LLC can also add new partners by creating a written agreement that lists the new partners and the membership rights and terms. In Pennsylvania, when you form an LLC, you do not need to list any of the owners (or members) of the LLC on the certificate of organization. If your LLC is manager-managed, you will need the manager’s approval.

A buy-sell provision describes how to add new members to your LLC. The LLC will also need to file short year tax returns for the current tax year if the new member joins the LLC during the tax year.

In New York, if the LLC operating agreement does not specify the required consents then the default law requires a vote or written consent of a majority interest in the LLC (NY LLC Law Section 602). Articles of organization—called a certificate of formation in some states—serve as the operating agreement of an LLC and may spell out how the company admits a new member. Another great benefit to an LLC is that it can be set up with a single member--which can be a person or even another business entity. Well, it is a lot simpler than most people think.

Setting up a subsidiary under an LLC is a matter of forming a new LLC under ownership of the parent company.

It cannot be the same name as the parent company or conflict with any other names registered in your state.