There are several types of motor vehicle dealer choices on the license application, which is submitted to the New York Department of Motor Vehicles:
Franchised or new motor vehicle dealer
Used/other motor vehicle dealer
Wholesale motor vehicle dealer
The application is also used for boat dealers, yacht brokers, transporters, and ATV dealers, but this post will focus on the requirements for the New York auto dealer portion.
In order to sell new cars, a New York auto dealer must have one or more franchise agreements with manufacturers or distributors. Copies of every franchise agreement must be included with the new auto dealer’s application.�A licensed New York used auto dealer�including used motorcycles, RVs, trailers, and heavy trucks�can also sell used vehicles wholesale. Wholesalers, however, cannot sell vehicles at retail.
A New York auto dealer applicant is required to submit a surety bond along with the application. The surety bond amount varies depending on which license is being applied for:
Franchised new motor vehicle dealers—$50,000 surety bond
Used auto dealer selling 50 or fewer cars in the previous year—$20,000 surety bond
Used auto dealer selling more than 50 cars in the previous year—$100,000 surety bond
The surety bond is a dealer’s guarantee that they will conduct business according to New York law, and in the event that their business practices cause a customer to incur financial damage, provide a means of reimbursement for the customer.
When purchasing a New York auto dealer bond, keep in mind that any claims proven and paid out by the surety must be reimbursed by the principal, the bondholder.
Starter Kits & Signs
New York auto dealers have to follow the state’s laws for obtaining a starter kit and proper signage. A starter kit includes the following items:
Book of Registry
Bills of sale (MV-50)
Odometer statements
Warranty forms
Those items can be purchased through several approved vendors listed on the DMV website. Official dealer signs meet the following criteria:
Red background with white lettering
At least three feet wide by two feet tall
In two-inch block lettering, display “REGISTERED (facility number) STATE OF NEW YORK MOTOR VEHICLE DEALER”
Permanently mounted and visible from the nearest street or highway
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Frequently Asked Questions
What are the disadvantages of an LLC for a car dealership?
The disadvantages of an LLC for a car dealership include limited liability protection, more complex tax filing, and potential restrictions on ownership structure, which may not align with the needs of a car dealership.
What are the tax advantages of an LLC for car dealerships?
The tax advantages of an LLC for car dealerships include pass-through taxation, where profits and losses are reported on personal tax returns, and the ability to deduct business expenses, which can result in significant tax savings.
How do I renew my New York auto dealer bond?
Renewing your New York auto dealer bond involves submitting a completed bond renewal application, providing the required bond amount, and ensuring the bond remains in effect with the New York Department of Motor Vehicles.
What is the New York auto dealer bond amount?
The New York auto dealer bond amount is set at a minimum of $25,000 for all licensed auto dealers in the state.
How does an LLC affect car dealership financing options?
Forming an LLC can affect car dealership financing options by providing limited liability protection, potentially improving creditworthiness, and offering access to different loan programs designed for LLCs.
Can an LLC be used for a used car dealership?
Yes, an LLC can be used for a used car dealership. An LLC provides liability protection, tax benefits, and a structured business framework that can be advantageous for operating a used car dealership.
Can a foreigner form an LLC for a car dealership in the US?
Foreigners can form an LLC for a car dealership in the US, provided they comply with the legal requirements, including obtaining necessary business licenses, registering the company, and meeting any specific industry regulations.
What is the New York auto dealer bond duration?
The New York auto dealer bond duration is typically 1 year, as it is the standard duration for this type of bond required for auto dealerships operating in the state of New York.
Who needs a New York auto dealer bond license?
Automotive dealers in New York are required to obtain a New York auto dealer bond license to legally operate a dealership in the state.
What is a New York auto dealer bond requirement?
A New York auto dealer bond requirement is a financial guarantee that auto dealers must obtain to operate legally in the state. It ensures compliance with applicable laws and protects consumers against potential dealer misconduct.
How does an LLC protect car dealership owners personal assets?
An LLC can protect car dealership owners' personal assets by separating the business's liabilities from the owners' personal assets. This legal structure shields the owners' personal property, such as their home or savings, from the dealership's business debts or lawsuits.
Do all car dealerships need to form an LLC?
Whether car dealerships need to form an LLC depends on various factors, such as state laws, business structure, and operational needs. It is recommended for car dealerships to consult with legal and financial professionals to determine the appropriate business entity for their specific requirements.
How do I register an LLC for a car dealership in the US?
Registering an LLC for a car dealership in the US involves selecting a business name, filing articles of organization, obtaining necessary licenses and permits, and meeting state-specific requirements. The process may vary by state.
What is the purpose of a New York auto dealer bond?
The purpose of a New York auto dealer bond is to guarantee that auto dealers in New York comply with state regulations and provide financial protection for consumers in the event of fraudulent or unethical business practices.
How much does a New York auto dealer bond cost?
The cost of a New York auto dealer bond typically ranges from $100 to $2,500 per year, depending on the bond amount required by the state, the applicant's credit profile, and other factors.
How do I obtain a New York auto dealer bond?
To obtain a New York auto dealer bond, you must meet the state's requirements, which include purchasing a surety bond, submitting an application, and paying the necessary fees.
What are the benefits of forming an LLC for a car dealership?
Forming an LLC for a car dealership provides liability protection, tax advantages, and flexibility in business operations, which can enhance the dealership's overall financial stability and growth potential.
Can I cancel my New York auto dealer bond?
The cancellation of a New York auto dealer bond is possible, but it typically requires meeting specific requirements set by the state. The bond may need to be maintained for a certain period before it can be canceled.
Can I get a New York auto dealer bond with bad credit?
Getting a New York auto dealer bond with bad credit may be challenging, as credit history is a key factor in bond approval. Applicants with poor credit may need to explore alternative options or work on improving their credit score.
Can an LLC be used for an online car dealership?
An LLC can be used for an online car dealership, as it offers liability protection, flexible management structure, and tax benefits that can be advantageous for an online automotive business.
What requirements exist for New York auto dealer bonds?
The requirements for New York auto dealer bonds include obtaining a surety bond, meeting minimum net worth and liquidity requirements, and complying with state regulations for the sale and financing of vehicles.
How long does it take to process an LLC?
The time it takes to process an LLC can vary, but it typically takes 4-8 weeks for the state to review and approve the LLC formation documents.
Can LLC owners take profits from dealerships?
LLC owners can take profits from dealerships they own. The profits can be distributed to the LLC owners based on their ownership stake in the dealership.
What happens if an auto dealer bond expires?
If an auto dealer bond expires, the dealer may lose their license and be unable to legally operate until a new bond is obtained, as auto dealer bonds are required by law in many states to protect consumers.
Are there annual fees for maintaining an LLC?
The annual fees for maintaining an LLC vary by state, but generally there are filing fees and possibly other annual fees associated with operating an LLC.
What common mistakes should be avoided when forming an LLC?
Common mistakes to avoid when forming an LLC include failing to properly register the business, not establishing a clear operating agreement, and neglecting to maintain annual filings and compliance requirements.
How does an LLC limit personal liability in dealerships?
An LLC (Limited Liability Company) limits the personal liability of its members in dealerships by establishing the business as a separate legal entity, shielding the owners' personal assets from the company's debts and liabilities.
What paperwork is needed for a dealership bond?
The paperwork needed for a dealership bond typically includes a completed application, financial statements, and proof of a surety bond or other required insurance coverage.
Are there differences in bonds for used and new dealerships?
There are differences in bonds for used and new dealerships. Used car dealerships typically require higher bonds to cover potential issues, while new car dealerships may have lower bond requirements as they are considered a lower risk.
What insurance requirements are associated with dealership LLCs?
Dealership LLCs typically require insurance coverage such as general liability, product liability, and commercial auto insurance to protect against risks associated with selling and servicing vehicles.
