How to Start an LLC in New York

While having a business in New York City offers a certain amount of prestige, the entire state welcomes small businesses with numerous incentives and tax credits.

One example is the state's Start-Up NY program, which:

"... provides tax benefits to approved businesses that locate in vacant space or land of approved New York State public and private colleges and universities, approved strategic state assets, and New York State incubators affiliated with private universities or colleges that are designated as tax-free NY areas."

New York also offers incentive programs specifically designed for small businesses, making them ideal for LLCs. If you're not sure what type of incentive or credit is right for your business, the state offers an incentive wizard, which you can access via NYS Business Express, the state's online business portal.

If you want to start a small- to medium-sized business or startup, the fastest and easiest way to do so is to create a New York limited liability company (LLC). An LLC offers some of the same protections and advantages larger corporations enjoy, while also requiring adherence to simpler rules and laws.

If an LLC isn't the right entity for the type of business you're starting, you may want to consider forming a New York Corporation instead.

Learn more about the benefits of the LLC business structure.

In this guide, you’ll find information on naming your LLC, getting a Registered Agent, the fees you’ll need to pay, New York business tax requirements and much more. We also cover what you'll need to register your LLC and how you'll interact with the NYS Department of State.

To help you along the way, use our Starting a Business checklist to keep track of everything you need to do to get your business up and running.

Step 1: Choose a Unique Business Name and Complete a New York Business Search

You'll need a distinctive and original name for your New York LLC that’s not being used by any other business in the state. Our Business Name Generator can help you brainstorm names if you're having trouble coming up with a good one. First, read up on the state's naming rules in the New York Business Names section of this guide.

Once you've chosen a name, make sure it's available in the state by using our free tool to do a New York entity search. You can also perform a search on the NYS Department of State website.

Step 2: Provide an Official Business Address for your LLC

Every LLC in New York must have a designated street address. This could be your company’s office building, your home address (if you’re running the company from your residence) 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.

You may also be able to use a virtual mailbox for your business address. Bizee can provide you with a New York virtual mailbox, where we'll receive your mail and scan it for your online review. This can be especially desirable if you run a home-based business and don't want your home address published as part of your business’s public record.

Step 3: Assign a New York Registered Agent

Someone who receives official correspondence and is responsible for filing reports with the New York Secretary of State is known as a Registered Agent. If you have an LLC, New York requires you to have a Registered Agent. You'll appoint your Registered Agent when you file the Articles of Organization to create your business.

You can fill this position, assign another manager in your business or use a Registered Agent service. If your New York Registered Agent is a person, they must have a physical street address in New York and must be present during business hours to receive important documents on behalf of your company.

All of Bizee’s business formation packages include Registered Agent service. It’s free for the first year and just $119 per year after that. You'll also have access to a digital dashboard to view any document we've received on your behalf.

Step 4: File Your Articles of Organization with the NYS Division of Corporations

Once you've gathered all the information for your LLC, you’ll need to file your New York LLC Articles of Organization with the NYS Division of Corporations. This document formally creates your LLC.

Your Articles of Organization can be mailed, filed online via NYS Business Express or Bizee can do it on your behalf for free. The state charges a $200 filing fee for NYS LLC formation.

You only need to file your Articles of Organization with New York once, but you'll need to file a biennial (every two years) report. This is also something Bizee can remind you to do or do for you if you have us handle the paperwork.

You may also need to pay the New York Corporate Tax (if applicable to your business).

What Are the Fees and Requirements to Form a New York State LLC?

*includes $5 paper copy fee

Annual Report

Step 5: Complete the New York Publication Requirement

Section 206 of the New York Limited Liability Company Act mandates that new LLCs must publish a Notice of LLC Formation. The notice must be published:

You must include the following information in your notice:

Contact the County Clerk’s office in the county where your business is located to ensure you choose newspapers that fulfill this requirement.

Once you’ve met the New York publication requirement, the newspapers will send you an Affidavit of Publication. You'll file that with a form called Certificate of Publication. NY charges a $50 filing fee to complete the process and proclaim your requirement fulfilled.

Step 6: Get an Employer Identification Number (EIN) From the Internal Revenue Service

You'll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes, when submitting payroll information and payments for your employees and when opening a business bank account. You can obtain one directly from the IRS, or Bizee can get one for you as part of the NYS LLC formation process.

Step 7: Create an Operating Agreement

A sort of "instruction manual" that explains how you'll run your business, an LLC Operating Agreement outlines how the business is divided among members, how decisions will be made and what will happen should a member leave the company.

Section 417 of the New York Limited Liability Company Law requires that LLC members adopt a written Operating Agreement. It doesn't need to be filed with the NYS Division of Corporations, but should be kept on hand to fulfill the legal requirement and to protect your business from any future changes and events.

Other New York State LLC Types

Series LLC

Though many states allow this type of business entity, no legislation has been adopted to allow the Series LLC in New York.

Professional LLC

Some states, including New York, allow certain occupations to form Professional Service Limited Liability Companies (PLLCs). These types of businesses typically have specialized requirements and licensing. The specific occupations that can form a PLLC in New York include attorneys, counselors-at-law, licensed physicians and occupations designated in Title Eight of the Education Law.

Foreign LLC

If your business operates in another state and you want to expand into New York — or vice versa — you’ll need to form a Foreign LLC.

Learn more about Foreign Qualification in New York.

Helpful Resources from the State of New York

More Information in This Guide

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