Starting a New York LLC is Easy
You can form a New York LLC online by filing the NY Articles of Organization with the Secretary of State. The cost to start an LLC in New York is $200.
Follow our How to Start an LLC in New York guide below to get started.
Step 1: Create a Name for Your New York LLC
Before you register your LLC, you'll need to come up with a name. Your business name needs to be catchy for branding purposes and legitimate for legal purposes.
We go into depth on this topic in our LLC naming guide. We’ll go over the basics below.
Naming Your LLC
First, brainstorm some possibilities. Use our LLC name generator to get the ideas flowing.
Next, make sure your name meets New York guidelines:
- it contains the words limited liability company, limited company, LLC or L.L.C.
- it doesn't contain words like academy, bank, lawyer, mortgage, university, or doctor
- it must be distinguishable from any other entity or trade name registered in New York
- full list of New York naming guidelines
Next, do a New York LLC name search with the Secretary of State to find out if your name is available in New York.
If your business name is available and meets guidelines, you’ll be able to register it when you file your New York Articles of Organization with the Secretary of State.
Is the URL available? Before you commit 100% to a name, check to see if there’s a good web domain available.
We recommend buying your domain right away because even if launching a business website isn’t on your radar right now, it will be soon.
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Once you register a domain name for your LLC, consider setting up a business phone system to establish credibility and enhance your customer service. Nextiva provides a plethora of useful features and a quick, easy setup. Try Nextiva.
Step 2: Appoint a Registered Agent
In New York, the Secretary of State acts as the statutory agent for service of process (also known as a registered agent) for all New York LLCs by default. In addition, you can choose to designate a registered agent of your own.
A registered agent's job is to accept legal documents like service of process and tax notices for your LLC.
If you choose to designate a registered agent, the Secretary of State will still act as the first point of contact for service of process.
Registered Agents and NY LLC Publication Requirements
In New York, you must publish notices that you've formed an LLC (see step 4). These notices need to be published in a newspaper in the county of your LLC's principal address or registered agent's address. Some counties have high publication costs.
When you appoint a registered agent service to act as your registered agent, their address and county are used to determine where the LLC formation notice needs to be published.
We recommend using a registered agent service to keep publication costs low and to keep your address private.
Recommended: Most registered agent services offer a year of registered agent service free when you form an LLC with them.
Step 3: File Articles Of Organization
It’s time to officially form your LLC by filing your Articles of Organization with the NY Secretary of State.
Recommended: Now is a good time to decide if your LLC will be member-managed vs manager-managed.
You'll need to know the following information to complete each Article:
- Entity Name
- Location of LLC Office
- Service of Process Address
- Registered Agent
- Management Structure
- Effective and Dissolution Dates
For more detailed help with completing the form, visit our New York Articles of Organization guide.
Mail, Fax, or Deliver Your Articles of Organization:
Fax the form and payment (payable to the Secretary of State) to (518) 474-1418 with a Credit Card/Debit Card Authorization form or submit it to the address below:
Department of State Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza 99 Washington Ave.
Albany, NY 12231
How long does it take to get an LLC approved? Your filing will be processed instantly if done online or in three to five business days if done via hard copy, but this can be expedited by paying a fee.
Step 4: Publishing Notice of Articles of Organization
New LLCs must publish a notice of formation in two county newspapers for six weeks within six months of formation. One must be a daily paper and one must be a weekly, and both must be located in the county of your principal address (or registered agent).
For a list of approved newspapers in every county, check out our NY LLC Publication Requirements guide.
You'll need to file the Certificate of Publication along with an Affidavit of Publication provided by the newspaper with the New York State Department of State once you've finished meeting the publication requirement.
Filing Fee: $50
Looking for more details on the publication requirement? Check out our New York LLC Publication Requirements guide.
Step 5: Create A New York LLC Operating Agreement
Creating a New York LLC operating agreement is the only way to legally lock down your LLC’s management and ownership structure. Having this document in place will give you something to return to if a dispute or lawsuit arises.
Even single-member LLCs benefit from having an operating agreement.
Your operating agreement should outline the following:
- Each member’s responsibilities
- How new members will be admitted
- How existing members may transfer or terminate their membership
- How profits and dividends will be distributed
You can add as many provisions as you want, as long as they don't conflict with New York business law. Take a look at our What is an Operating Agreement guide to learn more.
Download a template or create a custom Free Operating Agreement using our tool.
Step 6: Get an EIN
The Employer Identification Number (EIN), Federal Employer Identification Number (FEIN), or Federal Tax Identification Number (FTIN), is essentially a Social Security number (SSN) for your company. State and federal agencies use this number to track your business activity.
Your EIN will come in handy when it’s time to:
- Open a business bank account
- File Federal and State taxes
- Hire employees
We think the best way to get an EIN for your LLC in New York is by using the free online application on the IRS website. We prefer this method because it's the most efficient, but you can apply by phone, fax, or mail. You can read through our How to Get an EIN guide to find out how.
Steps After Forming an LLC
After forming your LLC, it's important to:
- Open a business bank account. A business bank account legally separates personal finances from business finances. This separation is required to maintain your LLC's corporate veil (i.e., your limited liability protection).
- Get a business credit card. A business credit card will help separate personal and business expenses while building your company’s credit history. A strong credit history will be useful for raising capital in the form of small business loans.
- Hire a business accountant. A business accountant will help you save on taxes and avoid penalties and fines. An accountant makes bookkeeping and payroll easier. Find out how much you could be saving with a consultation with a business accountant.
- Get business insurance. Business insurance helps manage risk. The most common forms of business insurance are general liability, professional liability, and workers’ compensation.
Keep Your Company Compliant
- Research New York business licenses and permits. For help, visit our How to Get a New York Business License guide. There are also business license services that can help.
- File your New York LLC biennial statement. File online with the New York Department of State every two years by the end of the month in which the LLC was formed.
- Understand New York state tax requirements. Visit our New York Sales Tax guide to learn more about seller's permits and New York sales tax.
- Understand federal tax requirements. Most LLCs will need to report their income to the IRS each year using Form 1065 Partnership Return (multi-member LLCs) or Form 1040 Schedule C (single-member LLCs).
- How you pay yourself will affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.
More LLC Resources
- New York Foreign LLCs: Forming a foreign LLC allows your company to operate as one entity in multiple states. Download the New York foreign LLC form to get started.
- New York Certificate of Good Standing: A certificate of good standing verifies that your LLC was legally formed. To order, follow our New York certificate of good standing guide.
- Dissolving a New York LLC: If you are ready to dissolve your LLC, follow the steps in our New York LLC Dissolution Guide.
- LLC Legal Forms: TRUiC offers a number of free LLC legal forms including operating agreements, LLC resolutions, and hiring documents.
Need Help Forming an LLC?
Read our Best LLC Services review to learn more about pricing and packages.