Regarding LLC formation, which is true?

• A. An LLC is formed only after the secretary of state approves articles.
• B. Articles must name a president as chief executive.
• C. An LLC is formed at the time of filing the initial articles of organization, and must have at least one member.
• D. The LLC may be formed without filing articles if it has a business license.

Answer: (C)

Formation of an LLC in New York happens when the Articles of Organization are filed with the Department of State. The filing itself, once accepted, brings the LLC into existence; there isn’t a separate approval step after filing. An LLC does not require naming a president as chief executive—many LLCs are run by members or by managers, and corporate officers aren’t mandated. Importantly, an LLC must have at least one member; a single-member LLC is perfectly acceptable. And a business license cannot substitute for filing Articles of Organization—the LLC isn’t formed unless the articles are filed.

So the true statement is that formation occurs at the time of filing the initial articles of organization, and it must have at least one member.