How to Start an LLC in New York

To start an LLC in New York, you’ll have to choose a name, file the Articles of Organization, and publish notice in New York newspapers. Throughout the process, there are some optional—but important—steps to take, such as appointing a secondary registered agent and applying for licensing. We’ll take you through these steps to get you ready for business.

Create a New York LLC in 6 steps:

1. Name Your New York LLC
2. Appoint a Registered Agent
3. File Articles of Organization
4. Publish Notice of Formation
5. Additional Business Operations
6. Submit BOI Report

Step 1: Name Your New York LLC

Choosing the name of your New York LLC comes early on in the process, as you’ll need a state-approved name for the steps following formation.

You don’t need to reserve your name before filing, but there is the option to. You can reserve a name for up to 60 days by filing the Application for Reservation of Name with the Department of State. Filing the form costs $20, and must be done by mail.

As you’re naming your New York LLC, note that it must follow these guidelines, per § 34-204-2:

• Include the phrase “Limited Liability Company”, or an abbreviation like “LLC” or “L.L.C.”
• Be distinguishable (unique) from existing businesses in the state
• Be free of any word or phrase on New York’s restrictions list. This includes words like “school,” “doctor,” or “lawyer,” which need prior approval to be used.

You can check to see if your desired name is available in New York before filing your paperwork on the New York Entity Database.

It’s also wise to check for your desired name online to see if it’s already been claimed. Having a consistent name across all areas of your business helps your customers to be able to find you in the future—if you won’t be able to use your desired name in a domain, a social media platform, or it’s already been trademarked, consider other options or variations you could use.

Step 2: Appoint a Registered Agent

In New York, the Department of State is an LLC’s registered agent by default. Any legal mail or service of process that the business receives will be directed to the Department of State, and they will then forward it to your business.

It’s not necessary, but you can appoint a second registered agent to be in contact with the Department of State on behalf of your business. Communication regarding service of process would then come from that second agent, rather than directly from the state.

Your registered agent must:

• Have a physical address in the state of New York (no PO boxes)
• Be available during normal business hours to accept service of process in person

Your registered agent can be an individual with an office or with residency, or an entity authorized to do business in the state.

Do I need a registered agent for my LLC in New York?

Yes, your New York LLC needs a registered agent, but you don’t have to appoint your own. The Secretary of State will be your registered agent unless you specify otherwise on your Articles of Organization. The form requires an address where the Department of State can forward legal mail to, and many businesses will list an agent’s address, like Registered Agents Inc, instead of their own. This keeps their personal details off the public record.

An added benefit of using a registered agent is the chance to minimize the fees from publication of notice. We’ll go over New York’s publishing requirements later in this guide—but, for example, using our physical Albany address for your registered address will result in lower newspaper fees than if your principal office was located in a borough of New York City.

Step 3: File Articles of Organization

Once you’re ready to form your New York LLC, you’ll fill out the New York Articles of Organization. The document will ask for the following information, all of which becomes public upon filing:

• Contact information.
• Name of the LLC.
• The county where your LLC’s principal office resides.
• A mailing address the Secretary of State can forward legal mail to. You can use a registered agent’s address here.
• An email address that the Secretary of State can use to notify you in the instance of service of process. This step is optional.
• The organizer’s information. Your LLC, as an entity, cannot be its own filer, and the filer (organizer) does not have to be yourself. The organizer must list their name (or company name, if they are an entity), mailing address, and signature on these forms. If you’d like to keep your mailing address and contact information off of public record, you can hire us to form your LLC for you.

How much does an LLC cost in NY?

Filing the Articles of Organization costs $200, payable to the Department of State. You can also file online at the Department of State’s website. Processing time for this filing is usually seven business days.

Step 4: Publish Notice of Formation

After formation, all LLCs are required to publish in two New York newspapers—one weekly, and one daily—once a week, for six consecutive weeks. This requirement must be completed within 120 days after your Articles of Organization became effective. In the papers, you must publish a copy of your LLC’s Articles of Organization, or a similar notice that your company has been formed. Details are further outlined in § 34-2-206.

You can’t just choose any newspaper—you have to publish in the county of your LLC’s principal business address. After the six weeks are up, the newspapers will give you an affidavit of publication in return. The affidavit will be filed with the Department of State, along with the Certificate of Publication and a $50 filing fee to prove you’ve completed the requirement.

If you hire us, you can use our address as your principal business address. Our address is in Albany—one of the cheapest counties to publish in! Depending on where you live, this can save you a lot of money.

Step 5: Additional Business Operations

There are many steps a smart business owner takes to make their business successful after officially forming their entity. These are some of the next steps your LLC will need to take before being able to do business properly in New York.

Draft an Operating Agreement. According to Section 417 of New York LLC Law, all LLCs are required to create a written operating agreement within 90 days of filing their Articles of Organization. This is an internal document, so you don’t need to submit it to the Department of State. However, you shouldn’t breeze past this step just because you don’t have to file the document—operating agreements are important for outlining your business’s members and their contributions, member responsibilities, and establish in writing how your business will be run in case of future conflict.

Get an EIN. An employer identification number (EIN) is a federal tax identification assigned by the IRS. This tax ID allows you to hire employees, open a business bank account, and other standard business operations.

Obtain Certificate of Authority and licenses. If your LLC will be selling a taxable good or service, you’ll need to register as a sales tax vendor with the Certificate of Authority. This will allow you to collect sales tax on your products.

You’ll likely also need to apply for other licenses related to your business’s industry before you can start operating in the state. To see what types of regulations might be on your business, reference the state’s Business Wizard resource.

File your Biennial Report. Every two years, starting two years after the formation of your LLC, New York requires a Biennial Report. You’ll file it in the month that you initially filed your Articles of Organization in. Filing costs $9 and can be done online, or hire us we’ll file the annual report for you at no extra cost. 

Step 6: Submit BOI Report

Most businesses in New York will have to file a Business Ownership Information (BOI) Report. If your LLC was formed in 2024, you have just 90 days to file this report before daily late fees start to add up. Starting in 2025, businesses will have 30 days to file after formation.

The BOI Report is filed with FinCEN, and includes identifying information about who has ownership and authority in the LLC, both directly or indirectly.

This filing is free to complete online. If you hire us to form your LLC or be your registered agent, we can file the BOI Report for you, and you don’t have to worry about steep late fees.