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. Amendment forms are available on the Department of State website or in your online account when you sign up with Northwest. The New York Department of State does not require original signatures.
The New York Department of State accepts cash, check, money order, MasterCard, Visa and American Express. Don’t send cash if you submit by mail. Checks should be payable to “Department of State.” If you pay by credit or debit card, include a Credit Card/Debit Card Authorization Form. Faxed documents must include credit or debit card authorization.
If you request expedited service, you must include separate payment. Include an additional check or money order. If you pay by credit card, indicate the level of service requested in the space provided on the Credit Card/Debit Card Authorization Form.
Can you re-state the initial articles instead of filing an amendment?
Yes. If you wish to restate the initial articles you must use the title, “Restated Articles of Organization of (LLCs name) under section 214 of the Limited Liability Company Law.” There is no form provided by the New York Department of State for this purpose. Just draft the restated articles according to New York Limited Liability Company Law Section 214. The filing fee for restated articles is $60.
Are there any specifics you can or can’t include with a New York LLC amendment?
You can make changes to the LLCs name, as well as any amendments to specific paragraphs from the original articles directly on the form.
If you file a Certificate of Change instead of a Certificate of Amendment, you can change your LLC’s registered agent and/or registered office for just $30.
How much does a New York Limited Liability Company amendment cost?
To amend your LLC in New York, there is a $60 filing fee required.
For 24 hour expedited processing there is an additional $25 fee. For same day expedited processing there is an additional $75 fee. For 2 hour expedited processing there is an additional $150 fee. (Note: To obtain expedited processing you must submit a separate, non-refundable fee and note on the envelope “Expedited Processing”)
How long does it take the state to process a New York Limited Liability Company amendment?
Normal processing time for documents filed by mail, fax or in person is seven business days.
Requests for 24 hour expedited processing may be submitted between 9 and 4.
Same day processing is available for hand delivered or faxed documents received before noon. Two hour expedited processing is available for documents delivered in person or by fax by 2:30 pm.
How will the LLC amendment be returned?
You will receive confirmation of the filing by mail, only if specifically requested, and upon paying the $5 uncertified copy of filed document fee.
What state agency do you file an amendment with?
New York State Department of State Division of Corporations One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Phone: (518) 473-2492 Fax file: (518) 474-1418
Can you change the New York LLC members or managers on an amendment?
No. Member and manager information is considered an internal record maintained by the LLC and is not filed with the New York Secretary of State.
Can you change the New York registered agent on the amendment?
Yes. If this is your only change, it is cheaper to use the Certificate of Change form to update your NY registered agent information.
Can you change the principal office address and/or the mailing address on an LLC amendment?
You don’t need to. Neither the principal or mailing address of an LLC is listed on state records. This means that since New York only lists the registered agent address on an LLC’s articles, you don’t need to change anything.