In most states, forming an LLC doesn't require a business license, but you'll need to follow your state's procedures. However, even if you don't need a business license to form an LLC, you may need one to operate the company. Do you want to start a small business in New York? You may need to obtain one or more state licenses or permits, or complete one or more types of state registration, as part of the start-up process. Below are some of the main information resources available and some of the steps you may need to take. A business license and an LLC serve separate purposes and cannot be replaced by one another.
Both are necessary if you want to legally operate an LLC in a given city, county, or state. There is no general New York State business license; however, many cities require businesses to be licensed to operate.
Business registrationrules vary by location and type of business. Below are some cities that have licensing requirements. Depending on the type of business, a company may also need to obtain a business license, such as a sales tax certificate or professional license.
Visit the New York Business Express Business Wizard site and complete the application to determine what licenses and permits you need for your company. The Buffalo Licensing Office issues licenses to businesses such as bakers, caterers, collection agencies, landscapers and more. It's important to note that most businesses that sell products will need a sales tax certificate, and if you are a professional, you may need a license to operate. If you have an LLC and you don't have a business license, you put your company at risk of incurring a penalty (financial or legal) if it is found to violate local regulations. It's always a good idea to check the website of the city and county where your business is located for possible additional licensing requirements.
Other business entities that use a false name, such as sole proprietorships and general partnerships, must file a form with the county clerk in each county in which the entity conducts business. New York State requires all companies to file a Biennial Return every two years in the month of the LLC's anniversary. While you can serve as an agent for process notification for your own LLC, this puts pressure on you to keep up to date with business filings and potential legal disputes. Zoning: Depending on the location of the business, it is important to check if the business needs an occupancy permit or if it has specific zoning rules to follow. If you have a business license but don't have an LLC or other legal business entity, you can still operate your business as a sole owner. In addition to licenses and permits, some legal forms of business, such as corporations and limited liability companies (LLCs), must submit organizational documents.
The New York Office of Professions provides a list of licensed professionals (such as doctors, lawyers, and CPAs). If you need help deciding if an LLC needs a business license, you can post your legal need on the UpCounsel marketplace. Many entrepreneurs decide to create corporations or associations, depending on their type of business and their objectives.