How to Start an LLC in New York

Learn How to Form a New York
LLC Yourself

Read our DIY guide to New York LLC formation, with information on Registered Agents, naming rules, business licenses, and more.

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Why Incorporate Your LLC in New York?

The Empire State is a fantastic place to build the company of your dreams. A combination of rich cultures, diverse cities and a healthy economy makes New York State a center of opportunity. New York is the fourth most populous state in the union, with very strong industries in the technology, finance, investment, media, entertainment and tourism sectors.

If you want to start your own business in New York, one of the best ways to do so is by forming a New York LLC. Limited liability companies (LLCs) are a business entity designed for startups and small- and medium-sized businesses. New York LLCs give you many of the protections and advantages of larger corporations without all the rules, regulations and compliance issues common to larger business entities.

To summarize, the benefits of starting a New York LLC include:

Separating and limiting your personal liability from your business liability and debts

Quick and simple filing, management, compliance, regulations and administration of your New York LLC

Easy tax filing and potential advantages for tax treatment

Learn more about the benefits of the LLC business structure.

In this guide you’ll find information on searching for and naming your NY LLC, getting a New York Registered Agent, the fees you’ll need to pay, NY business taxes and much more.

1

Complete a New York LLC Search and Choose a Unique Business Name

You will need a distinctive and original name for your New York LLC that’s not used by any other business in NY. If you’re having trouble coming up with a name, try out Incfile’s Business Name Generator to brainstorm ideas. There are also a few naming rules you’ll need to follow, which you can read about in detail on our section on New York LLC Business Names.

If you already have a name in mind, make sure it’s available by using the New York business entity name search on the NY Department of State (DOS) website or Incfile’s free Business Name Search tool.

There are a few rules you’ll need to follow when choosing an LLC name, which you can learn about in the naming section of this guide. One rule is that your business name must have the words “Limited Liability Company,” “L.L.C.” or “LLC” in it.

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2

Provide an Official Business Address for Your NY LLC

Every New York LLC must have a designated street address. That could be your home address (if you’re running the company from your residence), your company’s office building or any physical address of your preference. The address can be outside the state of New York, but it cannot be a P.O. Box.

3

Assign a New York Registered Agent

Every NY LLC must have a “Registered Agent” when it is formed. This is an official position; the Registered Agent is someone who receives official legal and tax correspondence and has responsibility for filing reports with the New York Department of State.

This position can be filled by you, another manager in the business or a dedicated Registered Agent service. Your Registered Agent must have a physical street address in New York and must be present to receive important documents for your company during business hours.

An Important Note: New York is unique in that it has a publication requirement for LLCs (see more on this below). This means your Registered Agent’s name and address will be published in the newspaper, so you may want to choose a Registered Agent service to keep your home address private.

4

File Your Articles of Incorporation with the New York Division of Corporations

Once you've gathered all the information together for your New York LLC, you’ll need to file a formal document with the NY Department of State, Division of Corporations. This document is known as your “Articles of Organization,” and filing the document creates your New York LLC. Here’s what is typically included:

  • Your business name and address
  • Details of your Registered Agent
  • Name and address of the incorporator
Download New York's Articles of Organization Form Here

You can file your Articles of Organization online on the New York Business Express website, mail in a form or have Incfile do it on your behalf for free. The state of New York charges a $205 fee ($200 + $5 for a paper copy) to file and start an LLC.

File by Mail:

Department of State Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001

You only need to file your Articles of Organization with the State of New York once, but you will need to file a biennial report for your LLC, which has its own fees. This is also something Incfile can remind you to do or do for you if you choose to have us handle the paperwork.

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What Are the Fees and Requirements to Form a Business in ?

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5

Get an Employer Identification Number (EIN) from the Internal Revenue Service

You will need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. An EIN number is also required to open a business bank account. You can obtain one directly from the IRS, or Incfile can get one for you as part of the Texas LLC business formation process.

6

Meet the New York Publication Requirement

New York has an additional requirement for LLCs — you must publish a notice of formation in two local newspapers in the county in which your business is formed. These newspapers must be ones already approved by the County Clerk’s office.

Publication must be complete within 120 days of your official LLC incorporation date, and you need to run the notices for six consecutive weeks. You can see step-by-step instructions for this process in our "How to Meet New York LLC Publication Requirements" guide.

Once you’ve met the publication requirements, the newspapers will send you an Affidavit of Publication, which you then need to file with the Department of State to receive your Certificate of Publication. The state charges a $50 fee for this certificate.

Download New York's Articles of Organization Form Here

Where to File Your Certificate of Publication:
Department of State Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001

7

Create an LLC Operating Agreement

An operating agreement is a kind of “instruction manual” that outlines how you will run your business. It includes how decisions are made, how the business is divided amongst members, and what happens if a member leaves the company.

New York requires that LLCs have an Operating Agreement in place. This does not need to be filed with the Division of Corporations but should be kept on hand.

Learn More About Operating Agreements Here
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Other Important New York LLC Info

Special Types of LLCs in New York

A regular LLC is suitable for most business needs, but you also have a few other options in New York State.

Read More Information from the New York Department of State

The NY Department of State has plenty of additional information on forming and running a business in New York. Click on the links below for more details.

More Information in This Guide

You’ll find plenty more insight and guidance on the other pages of this guide, including:

How to search the New York business registry of the NY Department of State and find the right name. Includes information on naming rules, fictitious names, reserving a New York LLC name and more.

How to appoint a New York Registered Agent to your new LLC or change to a different Registered Agent. Includes information on Registered Agent rules and searching for New York Registered Agents.

How to understand the various fees you’ll need to pay and the requirements you’ll need to meet for both federal and New York rules. Includes details of Employer Identification Numbers (EINs), New York and federal business licenses, New York annual reports and more.

How to understand the various taxes you will need to pay to the federal and New York government. Includes details of federal taxes like income and self-employment and New York taxes like sales tax and income tax.

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