Start an LLC in New York
Forming an LLC in New York isn’t just about filing paperwork—it comes with unique challenges, like the state’s costly and time-consuming publication requirement. Get started right with our easy to fill in Articles of Organization form.
We’ve simplified all the complicated legalese and explained the full process of starting your New York LLC. We get into the required forms and publication requirement, along with drafting your operating agreement, getting an EIN, and finding a registered agent.
How to Start an LLC in New York
To form an LLC in New York, you must file Articles of Organization with New York’s Department of State (DOS), publish a legal notice in two New York newspapers, and pay a $200 state filing fee. The Department of State’s typical processing time for LLCs is seven days. Completing the New York publication requirement takes at least six weeks. Below, we take you step by step through the process of forming a New York limited liability company.
1. Name Your LLC in NY
Before you register an LLC, you need to decide on a name. Your LLC name can’t be too similar to the name of another registered business in New York. You can make sure your preferred name hasn’t been taken by searching the DOS Corporation and Business Entity Database.
LLC naming requirements in NY
According to the NY Department of State requirements, your LLC name must:
- Include either limited liability company, L.L.C., or LLC.
- Be unique among registered business names in New York.
- Not contain any of New York’s restricted words or phrases.
Reserving a business name in New York
If you want to guarantee that your preferred name is available when you form your LLC, you can file an Application for Reservation of Name to reserve the name for 60 days. You’ll submit the form to the NY Division of Corporations, along with a $20 filing fee.
In addition to your official LLC name, you may want to register a DBA, which New York calls an assumed name. An assumed name is like a nickname for your business.
For example, a business’s official name might be Marco’s Authentic Italian Eatery, LLC, but it might operate under the assumed name Marco’s Pizza. New York requires anyone using an assumed name to file a Certificate of Assumed Name, which costs $25.
Your domain name is the web address of your business and the foundation of your brand. A good domain name tells your story at a glance and makes your business easy to find online.
Registering your domain name when you register your business reserves your domain. At Northwest, your domain can be used to build a website and create business email accounts.
Registering your LLC name in New York doesn’t grant you legal rights to the name. If another business decides to use your name, there’s not much you can do unless you register a trademark. You can trademark your name within the state of New York by filing a NY Application to Register a Trademark, or protect your name nationwide with a federal trademark.
2. Appoint a New York Registered Agent
In New York, the Department of State is automatically appointed as the registered agent for every LLC. This means that if your LLC is ever served with legal mail, the Department of State will accept it and forward it to your business. However, many LLCs appoint a second registered agent to be the business contact with the Department of State.
NY registered agent requirements
According to New York law, a New York registered agent must be either:
- A New York resident or someone with a business address in New York.
- An LLC or corporation authorized to do business in New York.
You can appoint yourself as your own registered agent if you live in New York, but you’ll need to put your address on the public record and remember to update your address with the state any time you move.
Even though the Department of State serves as the registered agent for all New York businesses, you should still consider appointing a second professional registered agent. Here’s why:
1. Privacy. On your Articles of Organization, you’ll need to include an address where the state can forward service of process. This address will go on the public record and be easy to access online. If you hire a registered agent service, their business address will go on the public record instead of your personal address.
2. Peace of mind. When a time-sensitive state or legal notice is sent to you, it’s important that you respond right away. Otherwise, you could face fines or other penalties. When you hire Northwest as your registered agent, you’ll receive instant notifications and same-day scans of all legal mail.
3. Protecting your image. Hopefully your LLC will never be served with a lawsuit, but if it is, you don’t want it to happen in front of customers or colleagues. Having a registered agent discreetly forward your legal mail can help protect your business’s reputation.
3. File New York Articles of Organization
When you’re ready to officially create your LLC, you’ll submit NY LLC Articles of Organization with the DOS. You can file your Articles by mail, fax, in person, or through the Department of State Online Filing System. The state filing fee is $200 (Add $5 if using the paper form). Online filing has a slightly faster turnaround, and you’ll get an email of receipt from the state within minutes of submitting your filing.
Below is the information you’ll need to file your Articles:
Required:
- Company name. Must include Limited Liability Company, LLC, or L.L.C.
- County where the LLC is located. You’ll need to publish legal notice of your LLC in this county.
- Address where the Department of State will send service of process. Will go on the public record.
- Organizer’s name, mailing address, and signature. Your LLC organizer is the person who files your Articles of Organization. This doesn’t need to be a member of your LLC.
Optional:
- Email address.
- Business purpose.
- Management structure. Whether your LLC will be managed by its owners (member-managed) or by managers (manager-managed).
- Effective date. If you don’t want your LLC to become active immediately, you can add an effective date up to 60 days in the future.
- Dissolution date. Add a dissolution date if you want your LLC to dissolve on a fixed date in the future or choose perpetual if not.
- Liability statement. You may add a clause stating that the LLC will compensate members or managers for expenses connected to proceedings against the LLC.
In a member-managed LLC, all owners of the LLC (called LLC members) take part in running the day-to-day operations of the business. Alternately, in a manager-managed LLC, the members hire one or more managers who oversee the business in exchange for compensation.
According to NY LLC § 401 (2022), a NY limited liability company is member-managed by default unless the Articles of Organization specifies that it will be manager-managed.
On average, the state’s regular processing time for Articles of Organization is seven days. If you’re in a rush, you can pay extra for expedited filing:
- $25—Within 24 hours
- $75—Same business day
- $150—Within two hours of receipt
Or, have a registered agent file your Articles of Organization. When Northwest forms your LLC, we let you use our address on public documents, keeping your address off public record.
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4. Publish in Two New York Newspapers
New York is one of just a few states that requires LLCs to publish a newspaper notice after filing Articles of Organization. The New York publication requirement (per Section 206 of the NY LLC Law), requires that LLCs publish notice:
- In two newspapers (one weekly and one daily)
- For six consecutive weeks
- In the county where the principal business address is located
You must complete the publication requirement within 120 days of forming your LLC. You can either publish a copy of your Articles of Organization or a notice announcing your LLC formation.
NY LLC publication timeline
After your notice has run for six weeks, the newspapers should mail you an Affidavit of Publication—proof that you’ve met the publication requirement. You’ll send the Affidavit of Publication to the Department of State, along with a Certificate of Publication and a $50 filing fee. You’ll also need to pay a publication fee to the newspapers themselves.
NY LLC publication cost
Publication fees vary widely depending on the location. In New York City, publication fees can cost upwards of $1,000. While you must publish in the county where your principal office address is located, you can save money by appointing Northwest as your registered agent and using our Albany address on your Articles of Organization. That way, you can meet the publication requirement in Albany, where publication fees are closer to $100.
NY LLC publication penalties
Wondering what happens if you don’t publish? Well, the state could dissolve your LLC. So even though the publication requirement is annoying (and pretty retro), it’s still important that you fulfill it.
5. Create an Operating Agreement
New York law requires LLCs to create a written operating agreement. An operating agreement is a contract between all members of your LLC that establishes the rules and structure of your business.
You can customize your operating agreement to meet your LLC’s needs, but there are a few subjects all operating agreements should cover:
- Allocation of profits and losses
- Initial investments
- Voting rights and decision-making powers
- Management structure
- Rules for transferring LLC ownership
- Rules for handling dissolution
It’s a good idea to consult a lawyer before you finalize your operating agreement. Northwest offers free, attorney-drafted New York operating agreement templates you can use to get started.
6. Get an EIN
An EIN (Employer Identification Number) is an IRS-issued tax ID number that most companies need. It’s sort of like a Social Security number for your business. Multi-member LLCs, LLCs taxed as corporations, and all businesses with employees are required to get an EIN.
You can apply for an EIN directly from the IRS for free. If you have a Social Security number, you can apply online and receive your EIN immediately. Without a Social Security number, you’ll need to submit Form SS-4 by mail or fax or call 267-941-1099.
If you’d rather skip the hassle, you can also hire Northwest to get your EIN.
7. File the BOI Report
As of March 26, 2025, most international LLCs registered to do business within the U.S. are required to file a Beneficial Ownership Information (BOI) Report with the Financial Crimes Enforcement Network (FinCEN). The deadline for filing your BOI Report depends on when your business was formed.
The BOI Report requirement is currently under review by both FinCEN and Congress, but the deadline for new international businesses is 30 days from their U.S. registration date. To hire us to file your BOI Report for you, you’ll need to sign up for a free account or hire us to form your company or act as your registered agent.
8. Next Steps
After you’ve registered your LLC in New York, you’ll have to maintain your LLC to stay compliant and in good standing with the state. Here are some next steps to be aware of.
New York state tax requirements
After forming your LLC, you’ll get a Request for Information form in the mail from the New York Department of Taxation and Finance. You’ll need to complete this form and send it back to create your business tax account. If your LLC sells taxable goods or services, you’ll need to collect sales tax. The New York sales tax rate is currently 4%, but some municipalities charge an additional sales tax.
LLCs must pay an annual filing fee in New York to the Department of Taxation, which is based on your LLC’s gross income. The fee is $25 for LLCs with a gross income of less than $100,000 and goes up from there.
New York Biennial Statement
In New York, every two years LLCs are required to file a NY Biennial Statement with the Department of State. The purpose of this report is to keep the state up-to-date on who owns your LLC and how to contact you.
The DOS requires biennial statements to be submitted through the Department of State website, during the anniversary month of the company’s formation. For example, an LLC formed in January 2024 would need to file its first biennial statement during January 2026. The state filing fee is $9.
If you’re worried you’ll forget, you can hire us to file your biennial statement for you. We’ll notify you 90 days before the report is due.
All LLCs, even LLCs with a single owner, need to have a business bank account. Why? An LLC has limited liability because it’s a distinct legal entity, separate from its members. Mixing personal and business finances erodes the separation between your LLC and yourself and puts your LLC’s limited liability in jeopardy.
To open a bank account for your LLC, you’ll need to bring the following to the bank:
- NYLLC Articles of Organization (a copy is fine)
- LLC operating agreement
- EIN
- LLC Resolution to Open a Bank Account (multi-member LLCs only)
Note: Each bank has its own requirements, so it’s a good idea to call ahead and find out the exact documents you need.
Depending on your industry and location, you may need one or multiple business licenses or permits. Here are some licenses and permits that may be required for your business:
- Professional license (For regulated industries such as medicine, law, construction, etc.)
- Home Occupation permit (For home-based businesses)
- Fire Department permit
- Health Department permit
- Zoning permit
You should also check with your city and county government to see if they require a general business license.
New York has some of the highest office rental costs in the country at around $90 per square foot! That means a New York business office could end up running you thousands of dollars a month to rent or own. Virtual offices in New York are the smartest way to get a New York address for your business that will help you:
- Legitimize your offerings
- Keep your private address off the web
- Have a reliable way for clients to contact you
With a virtual office, anyone can get an affordable New York addresses for their business without having to deal with hefty monthly rents and real estate costs. With Northwest, we offer New York virtual Office Service and two mail forwarding options to choose from: same-day digital scanning and weekly physical mail forwarding—whichever best suits your needs.
9. New York LLC FAQs
The state fee to file New York Articles of Organization is $200 ($205 if you file by paper). You’ll also need to pay a publication fee to publish notice in two New York newspapers, which can cost anywhere from $100 to over $1,000, depending on the county.
According to Section 206 of New York LLC Law, new LLCs need to publish a legal notice in two newspapers in the same county as the LLC’s principal office. The information in the notice must match the information in the LLC Articles of Organization. After the notice has run for the required six weeks, the newspapers will send you an Affidavit of Publication, which you’ll submit to the Department of State.
Learn more about the New York publication requirement.
LLCs are taxed as pass-through entities by default, which means that they don’t pay corporate income tax. Instead, the revenue of the LLC goes directly to the members, who each pay individual income tax on their share. LLCs can also file with the IRS to be taxed as an S-corporation or C-corporation.
Once you submit your LLC Articles of Organization to the Department of State, the average processing time is about seven days. You can pay extra for expedited processing if you need your formation completed sooner. Completing the New York LLC publication requirement takes at least six weeks.
A professional limited liability company (PLLC) is a type of LLC specifically for licensed professions, such as medicine, engineering, and psychology, among others. PLLCs typically have more oversight than traditional LLCs. In New York, if you work in certain regulated professions and wish to form an LLC, you’ll be required to form a New York PLLC.
No. As of 2024, New York does not allow Series LLCs.
Yes. Corporations and LLCs that do business in New York need to file a biennial report, called the New York Biennial Statement, with the Department of State. The filing fee is $9, and the deadline is the end of your company’s anniversary month, every other year. For example, an LLC formed in July 2023 would need to file a biennial statement by July 31, 2025, July 31, 2027, etc.
Your operating agreement should detail the process for transferring ownership. The most common ways that LLC ownership are transferred are a partial sale, where one member sells their interest in the LLC, and a complete sale of the company.
*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.
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