How to Start an LLC in New York

To start an LLC in New York, you will need to decide on a business name, appoint a registered agent, and file the Articles of Organization with the NY Department of State. When your LLC is officially formed, there are a few more hoops to jump through before getting down to business in New York.

Start a New York LLC

Create an NY LLC in 6 Steps:

  1. Name Your New York LLC
  2. Choose a Registered Agent
  3. File Articles of Organization
  4. NY Publication Requirement
  5. Set Up Operations
  6. File BOI Report

Step 1: Name Your New York LLC

Choosing your New York LLC name is the first step in creating your business with the state. Take a look at the LLC naming considerations below to help you decide on a name that will be approved by the state:

Does it meet New York’s business name requirements?

  • According to New York’s General Business Law for LLCs (Article 2, §204), your LLC name must be unique in the state and contain the words “Limited Liability Company” or one of its abbreviations (LLC, L.L.C., etc).

Is the name unique in the state?

Are others using the name online?

  • After verifying that your chosen LLC name is available in New York and meets that state’s naming requirements, check if it’s being used as a domain name. Having your website name match or complement your state business name will legitimize your business and make it easier for clients to find you.
  • When you hire Registered Agents Inc to form your LLC in New York, we can register your domain name, set up your business website, and more in minutes.

Can your LLC name be trademarked someday?

  • Federally trademarking your LLC name helps keep it unique in your industry nationwide. Only you will be able to use it to sell products and services like yours.
  • When we form your LLC, we can also register a trademark for the LLC name at the federal level. Our attorney-led service will perform a clearance search and provide recommendations if any obstacles to registration pop up.

Step 2: Choose a New York Registered Agent

New York LLCs are required to have a registered agent. If a registered agent is not listed on the Articles of Organization, then the NY Department of State automatically becomes the agent for service of process (lawsuit service). If you don’t like the idea of the state handling your private legal documents, consider hiring a New York registered agent service.

A New York registered agent can be:

  • an individual over the age of 18 with a physical New York address
  • an entity authorized to do business in New York (with a NY address)
  • a commercial registered agent authorized to provide this service in NY

The registered agent you choose must have a physical address in New York where they are present during normal business hours to receive your legal mail in person.

Step 3: File New York Articles of Organization

To start your LLC in New York, you’ll need to file the Articles of Organization application to the NY Department of State with the $200 LLC fee. The fastest way to form your new LLC is online using Business Express NY. After you create an account with the state, here’s the basic information you’ll need to form your LLC:

1

LLC name
Don’t forget to include an entity identifier, like “LLC,” “L.L.C.,” or “Limited Liability Company.”

2

County
Enter the county where your LLC is located. This is will be the county where you will meet the publication requirement.

3

Registered agent mailing address
This needs to be a physical New York address (PO boxes are not acceptable.)

4

Registered agent email address (optional)
This is where the state will send notices for your business.

5

Organization signature
The person authorized to complete and submit this application to the state needs to sign.

6

Filer information
Filer’s name and mailing address. This can be the same as the organizer, but can’t be the same as the LLC being formed.

The state-provided Articles of Organization form does not include many of the optional provisions you can include when forming your LLC. If there are specific clauses you want to include, you can draft your own version of this application.

How long does it take for an LLC to be approved in New York?

The length of time it takes to get your New York LLC approved depends on how you file. If you file online, your LLC is approved immediately. You’ll be able to download your approved Articles of Organization right away. If you file by mail, it can take 2-3 weeks for the state to process and approve your LLC.

Ready to create your LLC in New York?
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Step 4: New York’s LLC Publication Requirement

Section 206 of the New York State LLC Law states that an LLC must publish an announcement within 120 days after its formation date in New York. The publication must be in both a weekly and a daily newspaper published in the LLCs county of formation for six consecutive weeks.

After the six weeks are up, each newspaper will send you an Affidavit of Publication. Attach these to the Certificate of Publication and mail it all in with a $50 check or money order to the Department of State. If you prefer to pay with a credit or debit card, include a signed Credit/Debit Card Authorization form.

Different counties will have different publishing fees. In some counties, the cost can be a couple thousand dollars to complete the six-week publishing! Albany County (where we’re located) is the cheapest county in New York for this requirement. If you hire us, you can save hundreds on publication.

Step 5: Set Up Business Operations

After formally setting up your Alabama LLC, take time to follow the steps below in order to keep your business compliant and functional:

Create an operating agreement.
An operating agreement lays the foundation for your New York LLC’s management and operations. Adding members, dividing ownership, and management structure are just a few items spelled out in this document. Without an operating agreement, your LLC will default to any relevant rules set forth in New York LLC Laws, and resolving problems will be far more complicated.

Get an EIN.
An EIN acts like your LLC’s social security number. You’ll likely need one to set up a business bank account and if you hire employees.

Manage your company’s money.
You need to keep your business and personal funds separated in order to maintain the limited liability protections your entity gives you. One of the most important steps to accomplish this is opening a business bank account for your LLC.

Obtain licenses and permits.
In order to operate your business legally, you may need to apply for additional permits and/or licenses depending on the nature of your industry. Check out the New York Department of State Licensing Services site to see if your LLC activities will require further licensing.

Step 6: File BOI Report

After your LLC is approved, most LLCs are required to file a Beneficial Ownership Information (BOI) Report. It asks for information about the company itself and all owners who have substantial control over the company and/or own at least 25% of the business.

This federal filing is submitted to FinCEN and went into place in 2024. LLCs formed in 2024 have 90 days from registration to file their BOI Report. LLCs formed in 2025 or later will have just 30 days from registration to file.

We can get this report filed for you right away when you hire us to form your New York LLC.

Frequently Asked Questions

What is needed to start an LLC in New York?

To start an LLC in New York, you’ll need to decide on a registered agent and file the Articles of Organization for the $200 state filing fee. You will also need to find a weekly and a daily newspaper based in the same county listed on state record as your LLC county of origin.

Within 120 days of your LLC formation date, you’ll need to publish an LLC announcement in both these newspapers for 6 consecutive weeks to complete your Certificate of Publication requirement.

How much does it cost to start an LLC in New York?

The cost to file the New York LLC Articles of Organization is $200. The cost to publish your LLC announcement varies from county to county, with Albany County being the cheapest. The cost to file the completed Certificate of Publication is $50.

Do LLCs pay taxes in New York?

Yes, LLCs do pay state and federal taxes in New York. Soon after your LLC is formed, you’ll receive a letter from the New York Department of Taxation and Finance asking you to confirm your LLCs contact and management information for tax purposes. For more information, you can contact them by phone or email.

When is the New York Biennial Report due?

Your New York LLC needs to file a Biennial Report every 2 years by the end of your formation anniversary month. So, if your LLC is formed on November 5th, 2023, your first Biennial Report will be do by the end of November 2025. The filing fee is only $9 and is easily filed online using the E-Statement Filing System.

How do I contact the New York Secretary of State?

The New York Secretary of State’s office can be reached in the following ways:

Phone: 518-473-2492
Fax: 518-474-1418
Email: [email protected]

Physical & Mailing address:
One Commerce Plaza
99 Washington Avenue, Suite 600
Albany, NY 12231-0001

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