Why Form a Limited Liability Company (LLC)?

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Start Your New York LLC with These 6 Simple Steps

The Empire State is a fantastic place to build the company of your dreams. A combination of rich cultures, diverse cities and a very healthy economy makes New York State a center of opportunity. New York State is the fourth most populous state in the union, with very strong industries in the technology, finance, investment, media, entertainment and tourism sectors. New York State’s domestic product in 2015 was $1.44 trillion, which would rank it in the top 15 economies in the world.

Starting your own business in New York State is easy, especially if you do that through creating an LLC. Limited Liability Companies (LLCs) are specially designed for small- and medium-sized businesses — they’re easy and inexpensive to create in New York.

A New York LLC does give you many of the benefits and protections of larger corporations but without all the hassle, regulations and rules common to big business.

Advantages of Forming an LLC in New York State

New York State LLCs have several big benefits for you...

  • You can file everything you need to start New York State LLC with Incfile — you can complete all the paperwork you need online and start your company in an hour or less with our easy system that walks you through the process. Then the documents will be sent to the state of New York to file. You can check out our State Filing Times to understand how long it will take to file with New York State, and compare this to other state filing times.
  • Limit any personal liability — any debts, obligations and other liabilities are legally considered to be completely separate from your personal assets.
  • It’s easy to run a New York LLC — these businesses are light on rules. You don’t need complex regulations, annual meetings or boards of directors.
  • LLCs are easy to manage — New York LLCs are simple to manage and you can a make changes with little paperwork.
  • Tracking, filing and paying taxes is easy — any money your New York State LLC generates is reported on your personal tax returns.

How to Start your New York LLC

1. Name Your New York State LLC

  • Your New York State LLC needs a unique, original name. It should:
    • Be distinctive
    • Not be used by another company in New York State
    • Not be confusable with the name of another company in New York State
    • End with the words “Limited Liability Company” or the abbreviations “LLC”
    • “Limited” and “Company” can be abbreviated to “Ltd.” and “Co.”
    • For example: “Empire Travel Solutions LLC” or “Buffalo Home Repairs Limited Liability Company”             
  • Learn how to search for other company names, including words you aren’t allowed to use in your company name on our page about naming your New York business entity. <link>

2. Your New York State LLC Needs a Street Address

A New York State LLC must have a designated street address. That could be your home address (if you’re running the company from your residence), where your office is located, or any physical address of your preference — you just cannot have an address outside of New York State, per the state requirements for LLCs. Also, it cannot be a P.O. Box.

3. Assign a Registered Agent for Your New York LLC

Every New York LLC must have a "registered agent". That could be you, the managing director, owner or a dedicated registered agent service. The registered agent in New York is someone who receives official legal and tax correspondence and has responsibility for filing reports with the New York Secretary of State.

At Incfile, all of our packages include a "Registered Agent" service free for the first year and $119 per year thereafter. We also have a dashboard you can login to and easily view any document your registered agent has received on your behalf. Here are a few reasons you might want to appoint Incfile as their registered agent service...

  • The Registered Agent must have a physical street address in the state where you are forming the company. Some people establish companies outside of the state they live in and will need to use a Registered Agent service to provide the address.
  • You always need to have someone on hand to receive important documents for your business during business hours (typically 9 AM to 5 PM Monday to Friday). Therefore, person must always be available to sign for legal correspondence.
  • The Registered Agent’s name and address is part of the public record and available through the New York Secretary of State's website. If you would prefer your name and address isn’t published, this is a reason to choose a Registered Agent service.
  • If you change your New York business address or move out of state, you don’t need to file additional documentation with the secretary of state for the new address of your Registered Agent. You will need to setup a new registered agent service in the new state.

There are more considerations, but this should help you with your decision to use a Registered Agent service.

4. You Need to File Articles of Organization with the New York Secretary of State

Filing Articles of Organization creates your New York State LLC. We can do this on your behalf.

5. You Will Need to Create a New York LLC Operating Agreement

Your New York LLC must legally have an Operating Agreement. This covers how managers and members are chosen, rights and duties of members, how the business will be run and several other key areas. Here’s how to create your Operating Agreement. If you’re interested in having your Operating Agreement created for you, Incfile will draft a general Operating Agreement within most of our online business formation packages. It can also be selected as an add-on option in our Silver package. This Operating Agreement will be a basic template that you can make changes to anytime you see fit.

There’s lots more information on how to form an LLC here. It answers questions like:

  • Who can form a New York State LLC?
  • When should you form a New York State LLC?
  • What are the ongoing responsibilities for an LLC?

Starting Your New York State LLC — Useful Resources

Form a New York State LLC without Breaking the Bank

Incfile provides a cost-effective service to help you create your New York LLC. We guide you through the process and handle most of the administrative steps, such as filing the articles of organization on your behalf. Our basic package also provides a free registered agent service for the first year. If you're looking for help to start an LLC, our comprehensive services provide outstanding value.

Only $49 + State Fee To Launch Your Business

Clear Pricing. No Contracts. No Surprise.

What are the fees and requirements to form a business in New York?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$205 5 Business Days 1 Business Day

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Annual Report

Frequency: Biennially

Due Date: During anniversary month of organization.

Filing Fee: $9

Important: Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.

(We do not assist in the filing of the Publication Requirement)

Learn more about starting a business in New York

Additional resources, guides, and articles for better decision making.

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