How to File the Articles of Organization in New York
You can download Articles of Organization (Form DOS-1336-f) from the Division of Corporations, State Records and Uniform Commercial Code to file by mail, by fax, or in person OR file online using New York Business Express.
In order to file your LLC’s Articles of Organization, you will need to fill out the following information:
First Article: Limited Liability Company Name
Your LLC’s name will have to be both creative and legally compliant.
You will need to make sure that your business name:
- Satisfies New York’s naming guidelines
- Is not already taken by another business in New York
There are certain guidelines that you will need to follow when naming your LLC:
- You must include without abbreviation the words "Limited Liability Company" or the abbreviation "L.L.C." or "LLC".
- The name must be distinguishable from that of any other domestic or foreign entity operating in New York.
- You cannot use any word or phrase, or any abbreviation, the use of which is prohibited or restricted by any other statute of this state. New York provides a list of restricted words.
For a full list of naming guidelines see the New York naming statute.
Check Name Availability:
Do a name search with the New York Department of State to check your LLC name’s availability. If you are unsure about what to name your LLC, use our business name generator to brainstorm business names.
Register Your Domain Name:
You’ll want to check that your business name (or something very similar) is available as a web domain.
Find a Domain Now
Second Article: County of Location
You must state the New York county in which the office of the limited liability company is to be located.
Third Article: Registered Agent
New York has no requirement to appoint a registered agent. The Secretary of State is designated as agent of the LLC upon whom process against it may be served. You must provide an address to receive service of process at.
Your LLC can also have a secondary registered agent, which ensures that legal communications meant for you stand less chance of arriving late or getting lost in the bureaucratic maze.
Recommended: Get a year of free of registered agent services when you form your LLC with Northwest ($29 + State Fees).
Optional: Supplemental Provisions/Information
Other articles may be included to address any other matter concerned with the management of the LLC.
Organizer, Effectiveness of Filing, and Execution
Finally, you will need to note who the organizer of the LLC will be. Your organizer will be required to sign your New York LLC Articles of Organization before filing it with the Department of State.
How to Submit the Articles of Organization
You can mail or hand-deliver this form to:
NYS Department of State, Division of Corporations
One Commerce Plaza, 99 Washington Ave.
Albany, NY 12231-0001
Fax filings can be submitted with a Credit Card/Debit Card Authorization form at:
To file online, use the New York State Business Express portal. You will need to create an account.
Steps After Filing the Articles of Organization
After you have filed your Articles of Organization, we recommend taking the following steps:
1. Get an EIN
An Employer Identification Number (EIN), also known as a Federal Tax ID Number, can be thought of as your business’s Social Security number. It is used by the IRS to identify your business and ensure that it is operating legitimately.
According to the Internal Revenue Service (IRS), an LLC is required to obtain an EIN if:
- It hires employees
- It is required to file excise tax forms
- It is a multi-member LLC
- It withholds taxes for non-wage income paid to nonresident aliens
That being said, we recommend that all LLCs get an EIN so that they can open a business bank account.
You can apply for an EIN for your LLC by filing Form SS-4.
2. Create an Operating Agreement
LLC operating agreements are legal documents that outline the responsibilities, duties, and rights of all members of your LLC.
New York law requires you to draft an LLC operating agreement within 90 days after the filing of the Articles of Organization. The operating agreement is an internal document of the LLC and is not filed with the Department of State.
Apart from the legal requirement, it is good practice to have an operating agreement even if you operate as a single-member LLC (e.g., to avoid piercing your corporate veil, etc.).
Recommended: Use our free LLC operating agreement template to create your very own LLC operating agreement quickly.
3. Apply for Business Licenses
After you have registered your LLC and applied for your EIN, you will want to ensure that your business remains “legitimate”. You can do this by applying for any local, state, and federal business licenses that you may need.
For a more in-depth overview, see our guide on how to get business licenses in New York.
4. Create a Business Website
Now is a good time to build a business website. A business website adds to your credibility, branding, marketing, and customer experience.
Your website can also be a gateway to your other platforms, including your LLC’s social media accounts, online stores, and contact information.
Recommended Service: Check out the GoDaddy Website Builder to get started.
5. Get a Business Bank Account
Next, you will want to open a separate bank account. This can offer both legal and financial benefits.
Choosing to open a business bank account can allow you to:
- Allow you to accept credit card payments
- Offer high-yield savings accounts
Most premium online banks also come with third-party integrations, including accounting and ecommerce tools. These can help you manage your budget, automatically detract a percentage of your revenue for your LLC taxes, and expedite your online payments.
Besides the financial benefits, opening a business bank account can allow you maintain your LLC’s corporate veil by separating your personal and business finances.
Recommended: Interested in getting started? See our in-depth review of the best banks for startups and entrepreneurs in 2023.
6. Build Business Credit
When you are just starting your business, you will need to build your business credit from the ground up. The fastest way to do this is by opening net 30 accounts and getting a business credit card:
- First, you will want to open at least five net 30 accounts that report to business credit bureaus.
- Then, you can apply for an easy-approval business credit card from a company like BILL.
Taking these steps will help you increase your business’s cash flow and build business credit fast, which will be essential when you are applying for higher-end business credit cards and large business loans in the future.
See our How to Build Business Credit guide for more information.
7. Find a Business Phone System
You will also likely want to invest in a business phone system. This can go a long way in improving your credibility and can ensure that you have placed yourself in a position that always allows you to provide adequate customer service.
Most high-end business phone systems will include the following features:
- Unlimited calling
- Conference calling
- Voicemail transcription
- Toll-free and vanity phone numbers
- Team collaboration tools
- Hold music
Recommended: Check out our review of the best business phone systems to get started.
8. Get Business Insurance
As a business owner, you will also want to consider whether you will benefit from purchasing business insurance.
This will be highly dependent on your industry, amount of risk, and business operations. It can also depend on the existence — and number — of employees in your LLC.
There are several business insurance policies that you may want to consider, although this can be highly situational. Below we have provided an overview of the most common small business insurance policies:
See our Small Business Insurance article for more information.
9. Taxes and Accounting
Next, you will want to learn everything you need to know about how LLCs are taxed. This is important because LLCs are a very flexible business entity, and — depending on the situation — can choose to be taxed as:
- Pass-through entities
- C corps
- S corps
Generally speaking, we recommend talking to a professional attorney or law firm if you are in need of the most up-to-date tax advice (e.g., whether you need to pay sales tax, etc.).
Working with an accountant can help you manage all your business expenses and taxes effectively and on time, and ensure you do not face any penalties or back taxes when starting out.
Need help with accounting? Check out our review of the best accounting software.