If you want to take your business to the next level, but don’t want to risk your personal assets, then forming an LLC is your answer.
Registering an LLC in New York is straightforward – here’s how:
How to Form an LLC in New York – A Step by Step Guide
While forming an LLC in New York involves several different steps. It’s important to make sure you follow each step correctly so there are no errors in your application.
Any mistakes or discrepancies will slow down the process, or worse, the New York state could deny your application. If you’re lacking confidence in following each step we’d advise hiring experts to file all your business paperwork for you (a more worry-free approach).
Otherwise, if you’re a do-it-yourself kind of person follow these 5 initial steps:
1. Name your New York LLC
New York has specific rules on naming your business and you want to make sure you meet all the requirements before applying. Under New York law your LLC has to be unique – which means you’re the only business operating under this name.
Before checking to see if you’re desired business name is available, to abide by New York LLC law, make sure the name of your company contains one of the following:
- LLC (most common)
- Limited Liability Company
For example, if you want your business name to be ‘GreenFox,’ it would have to be registered as ‘GreenFox LLC,’ or ‘GreenFox L.L.C.’
Check Name Availability
Once you’ve decided on your name you need to check to see if it’s available and there’s no other company in New York using it. The quick and easy way to do this is by doing a quick google search using your desired name.
If you don’t find any competing companies after that, you can move on to the next step – checking your business’s potential name through New York’s government online searchable database.
If you find a name you like that’s available – but you’re not ready to file for your LLC yet, you can reserve the name for 60 days by filling out an “Application for Reservation of Name.” It costs $20 and you can reserve in the same application portal where you will file your LLC (more on than in step 3).
Using a Fictitious Name
If you don’t want to use LLC in your business name then once your business is registered you can add a fictitious name. Also known as DBA (“doing business as”), or a trading name, a fictitious name allows you to run your business under a name that’s not the legal LLC registered name.
You can also use a fictitious name if you plan on running several different businesses under your LLC formation.
If you want to submit a fictitious name for your LLC business you’d need to register the name with the New York state using this form:
Once you’ve figured out what your business name is and you’ve made sure it’s still available, the next step is to choose a registered agent who will help you with the legal side of your business.
2. Choose New York Registered Agent
A registered agent is anyone who receives and sends legal documents on behalf of your company. They are the main point of contact between your company and the Secretary of State. In New York, the state automatically acts as your registered agent.
However, if you prefer someone else to be your registered agent you can designate them. To do so you need to make sure they live in New York and have a valid street address (not a P.O. box).
An LLC registered agent can be:
- A family member or friend
- A Commercial Registered Agent
If you decide to go with a registered agent service, the New York State will receive your legal documents and forward them to your designated agent.
Why you may want to use a registered agent other than the State
While the easier route seems to have the State, yourself, or one of your LLC’s members, act as the registered agent, there are some advantages in hiring a professional service.
The main benefit is it’ll reduce publication costs if you’re in New York City. Any newly formed LLC in New York is required to post a ‘notice of formation’ in local newspapers. Doing this on your own in New York City will cost around $1,500, whereas using a registered agent can reduce the costs if the agent resides outside of New York City.
Even if you’re not in the big apple, a registered agent will also ensure your business is always in good standing with the state, helping you stay organized and up-to-date.
Once you’ve decided who’s the best person to be your registered agent the next step is to submit your LLC application form.
3. File New York LLC Articles of Organization
To File an LLC in New York you need to complete the Articles of Organization application form and submit it to the Secretary of State.
Be prepared to include the following information when filling out the form:
- The name of your LLC
- The physical address of your LLC’s office
- Name and address of your registered agent
- Filer’s Name and Mailing Address:
- Signature of a member or an authorized representative of your LLC
The filing fee for an LLC is $200. You can mail a cheque to the Secretary of State or apply online.
If mailing in your application, send the form to:
Department of State DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMMERCIAL CODE
One Commerce Plaza 99 Washington Ave.
Albany, NY 12231-0001
If you’re applying online:
- Sign in or create an account
- Follow the prompts to apply
Wait 7 business days before checking your application status.
While you’re waiting for approval you can move onto step 4 – creating an LLC Operating Agreement. If you’re operating your LLC by yourself skip to step 5.
4. Create New York LLC Operating Agreement
If your LLC has two or more members, the New York State requires it to have an operating agreement. An operating agreement outlines how the business is structured and how it will operate among its members.
Some of the sections you’ll typically find covered in an operating agreement include:
- Capital distributions
While this is a mandatory step, you don’t have to mail it to the secretary of state. It’s an internal document and doesn’t get filed. It helps clarify the rules of your LLC and makes sure they are legally documented.
After you’ve agreed and created an LLC Operating Agreement the next and final step is to create your unique employer identification number.
5. Apply for your New York LLC Employer Identification Number (EIN)
Once your LLC has been approved you’ll need to get an employer identification number (EIN).
An EIN is a federal tax ID number that registers you with the Internal Revenue Service (IRS). This number is used to identify your company when filing taxes.
How to register for an EIN:
– Apply online or,
– fill out the Employer Identification Number form and fax it to 855-641-6935, or mail it to:
Internal Revenue Service,
Attn: EIN Operation,
If you apply online you’ll get instant approval. If you apply by fax it takes up to 4 business days whereas mailing it in takes up to 4 weeks. Applying for your EIN is completely free!
The last and final step is to publish an announcement of your newly formed LLC.
6. New York LLC Publication Requirements
Within 120 days of your LLC approval, you have to publish a formation notice (or a copy of your Articles of Organization) in two local newspapers. One newspaper has to be a daily newspaper and the other one weekly. To prove you published a notification you’ll need to ask the newspaper for an affidavit and then send it, along with your certificate of publication, to New York State.
If you’re using a registered agent, this is something they can help with.
New York LLC Registration – Final Checklist & Summary
Ready to get started? Use this simple checklist to make sure you’ve dotted your i’s and crossed your t’s!
- Name your LLC – Your business name must include LLC, L.L.C., or Limited Liability Company and can’t be used by any other business in New York. Make sure you confirm the availability of your business name through New York’s government online searchable database
- Choose a Registered Agent – A registered agent is a person who receives and sends legal documents on behalf of your company. In New York, the state automatically acts as your agent, however, you can designate someone else who lives in New York and has a New York address. It can be you, a friend or family member, or a commercial registered agent.
- File New York LLC Articles of Organization – Complete the Articles of Organization application form and submit it to the Secretary of State. It costs $200 and takes around 7 business days to get approval.
- Create New York LLC Operating Agreement – If your LLC has two or more members, you have to create an LLC operating agreement that outlines how the business is structured, who is responsible for what, and how much of the LLC each person owns. You don’t have to send your operating agreement to New York state but you should have one so everything is documented and signed by all members.
- Apply for your New York LLC Employer Identification Number (EIN) – Once you get approval for your LLC you need to apply for an employer identification number (EIN) through the IRS. This number is used to identify your company when filing taxes. You can apply online for free and approval is instant.
- New York LLC Publication Requirements – You need to publish a formation notice in two local newspapers (one daily, one weekly) and send the affidavit from the paper and a certificate of publication to the State. If you have a registered agent they can submit it for you.
While there are a few different pieces to making sure your LLC is filed correctly, make sure you follow each step as stated so there are no errors. If you can, we recommend going through a service to make sure your LLC gets set up correctly from the get-go.
If you’re taking the time to form an LLC, make sure you do your homework and choose one of the best LLC services for your business.
Our first recommendation is to go with ZenBusiness, an LLC creation service that holds your hand from start to finish. Packages start as low as $49.
How To Apply for a New York LLC Online
Now that you know the exact steps on what’s needed to form your LLC it’s time to start the application process. There are two ways of going about this:
1. Do it Yourself
Taking the DIY route is a good option if your budget is tight or you’ve previously opened an LLC and understand how it works.
2. Use an Online Formation Company
Using an online formation company is a better option if it’s your first time opening up an LLC and if it’s within your budget (formation services cost anywhere between $49 – $199). This is typically a better choice if you want to avoid headaches and have peace of mind knowing professionals are handling everything for you.
If using a professional service is more up your alley, here are our top 3 recommendations:
ZenBusiness built its platform to meet the needs of your business throughout its lifetime. When you pay for their services, you’ll receive a personalized dashboard for your business to store documents, receive alerts, and manage your website.
ZenBusiness charges are based on a tier system. There are three different tiers with pricing as follows:
- The Starter = $49 annually
- The Pro = $199 annually
- The Premium = $299 annually
IncFile provides you with a full suite offering startup services to best support your business formation.
Their pricing model also depends on the state you are filling. You can generate a personalized quote on their website by entering in the necessary information about your business.
LegalZoom is an online legal service provider that helps you to be able to create legal documents without having to pay the expensive lawyer fees. Some of the services they provide assistance to include business formation, copyrights, and trademarks.
LegalZoom has many different pricing options available. For their LLC service, pricing begins at $79 + the allotted state fee.
When narrowing down your options, always try to choose a business that aligns with your needs and can help simplify the process for you. Do some research on the best LLC services available and go with the one that resonates most with you.
After Starting Your New York LLC
You’ve been approved – now what? The journey doesn’t stop here – there’s still a handful of things you need to do to get your business off the ground. We recommend ticking off the following items to make sure your LLC gets off on the right foot.
Purchase A Domain For Your Business
Even if your business is local, having an online presence is important in creating trust, professionalism, and a way for people to find you. If you haven’t already thought about getting a website, now’s the time. In a tech-saturated world, you need a domain to not only attract new customers but help create a good first visual impression of what your business does and how it can help.
Get A Business Phone Number
Since your business is now an approved New York LLC you should think about getting a business phone number. Having a business number is a great way to show professionalism to your clients and customers. It makes you more serious and more importantly – more trustworthy.
There’s a variety of different online phone services you can go with, or you could go the traditional route and open an account through a local branch. You can get a local number or a 1-800, the options are endless!
Open Your New York LLC Business Bank Account
You’ll want to open a business account that’s separate from your personal banking. This will not only make accounting easier but you won’t have to worry about your own finances mixing in with your business finances.
USA Business Bank Accounts
If you already have online banking through your personal bank account it might be easier to open a business account through your current bank so all your banking (although in separate accounts) will be accessible in the same place. If you prefer to open a new account keep these checking accounts in mind:
Chase – Free checking account with no extra fees – as long as you keep a $1,500 minimum balance.
BlueVine – Free checking account with mobile banking and a debit MasterCard.
Bank Novo – Open a free checking account with Free transfers and free ATM fees.
Spring Bank – Open a checking account with a credit card and get support to launch and grow.
Along with your business checking account, you should apply for a business credit card too. Having a business credit card is a good way to establish your business credit score (which may help if you ever need a loan). It also makes it easier for online purchases and again, it will keep your personal and business finances separate.
Find Accountant/Buy Accounting Software
Taxes get complicated fast and can be a burden to deal with. We recommend getting an accountant or using accounting software to make sure all your spending actions are being tracked (payroll, bills, invoices, receipts, etc.). Here are some popular options to look into:
Wave – Free invoicing & accounting software with credit card processing & payroll services.
Intuit Quickbooks – Online accounting software to track expenses, customize invoices, and run reports.
Freshbooks – Accounting software to send invoices, track time, manage receipts, expenses, and accept credit cards.
Directory of Federal Tax Return Preparers with Credential – If you want to use a local tax specialist you can search for a certified public accountant (CPA) through the IRS online directory.
Having all of your business reports in one spot is highly beneficial so you can keep an eye on your cash flow. To run a successful business you’re going to need to analyze how your business is performing and narrow down what’s working or what isn’t working so there’s always room for growth.
New York LLC Biennial Statement
Every two years you need to file a biennial statement that includes information about your company. The filing fee is $9 and you can apply online. All you have to do is follow the prompts and, pay the fee and submit it.
If you have a registered agent they will handle this for you.
Notify New York Of Any Changes You Make To Your LLC
If at any time you make changes to your LLC you need to inform the state. If you’re using a registered agent they will do this for you. If you’re going about this alone then you can update changes by filling out the CERTIFICATE OF CHANGE OF form and mailing it to:
DIVISION OF CORPORATIONS, STATE RECORDS, AND UNIFORM COMMERCIAL CODE, One Commerce Plaza 99 Washington Ave.
Albany, NY 12231-0001
8 Benefits of Forming an LLC in New York
When you file your company as an LLC in New York, it helps solidify your standing in the business world. This motion shows other businesses and potential customers that you are willing to do what it takes to be a legally operating business.
Choosing to form your business as an LLC in New York allows you to take advantage of the benefits of both a corporation and a partnership structure. Some of these benefits include:
1. Protect Your Personal Assets
The LLC will have its liability that does not automatically extend to the owners, unlike a sole proprietor, where you are legally responsible for everything. That means New York LLC protects the liabilities and debts incurred by the business. In most situations, your assets, such as your car, home, or savings, will never be at risk if your New York LLC is faced with lawsuits or bankruptcy.
2. Benefit From Business Profit Taxation
In an LLC in New York, your profits and losses can pass through to your income without having to have corporate taxation.
3. Simple to Create and Maintain
The formation of a New York LLC requires minimal paperwork and requirements. They are known for being easy to start and simple to maintain.
4. Minimal Restrictions
Your business matters can be managed by more than one owner or member while still being one main business to the public. This means all decisions and transactions behind the scenes can be equitably distributed while presenting one entity as you move forward.
5. Heighten Your Credibility
As you move forward, your New York LLC will continuously be recognized as an entity. People and other businesses prefer doing business with a legitimate entity because it shows your level of professionalism.
6. Gain Access to Business Loans
When you form your New York LLC, you will obtain a DUNS number and build your business credit, helping you to further build upon your business.
7. Benefit From Flexible Profit Distribution
In an LLC, you are not required to spread the distribution of profits equally across the owners. You have full control over profit distribution in your New York LLC.
8. Good For Any Kind Of Business
An LLC business structure in New York is an excellent choice for both medium and higher-risk level businesses. You might always want to consider opting to go with an LLC if you have a significant amount of personal assets to protect from your company. And lastly, LLCs are great for owners who are interested in paying lower tax rates than corporations.
Filing for LLC in New York is pretty straightforward. Once you know all the steps you just need to make sure you follow them and submit everything properly. That being said, the problem lies in if you make an error – this will cause delays, or worse you may think your LLC is formed correctly only to find out that you’re missing certain steps and it’s invalid.
Put your business first and remove the possibility of making any mistakes by using professionals. Get an overall go-to business service, like ZenBusiness, to handle the entire legal side of your business – eliminating any admin stress.
FAQ – Forming New York LLC
There are several different steps you’ll need to do to legally form your LLC. It’s a lot of information to take in and can get confusing. To help out we’ve compiled some answers to the most frequently asked questions:
What are LLCs and why are they important?
An LLC is a Limited Liability Company. It’s a business structure used to protect your assets, like your house, your car, or even your savings. No matter what happens to your business (lawsuits, bankruptcy, etc.) your assets are kept safe.
How Much Does It Cost to Start an LLC in New York?
Expect to pay $200 to complete the Articles of Organization application form and additional pricing for posting your formation notice in two local newspapers. Pricing depends on where you live and how much the newspaper charges.
How Long Does It Take to Form an LLC in New York?in New York?
If you register online it takes around 7 business days.
Can You Start an LLC on Your Own?
Yes, you can start forming an LLC on your own by following the step-by-step instructions provided in this article. For additional help, look to hire an all-around service provider.
Do You Need a Lawyer to Start an LLC in New York?
No, you can start an LLC without a lawyer just be prepared to file and report everything on your own. If you’re not interested in getting a lawyer but want to make sure everything is filed correctly then use an online business formation service, like the ones listed in this article, with ZenBusiness as our #1 recommendation.
Does an LLC Need to Make Money?
No, an LLC doesn’t need to make profits but if you’re claiming tax deductions with no income the IRS will likely audit your business.
What Are The Downsides to Having an LLC?
There are pros and cons to forming an LLC. The pros are tax reductions, protecting your personal assets, and creating credibility for your business (and possible future business loans). The main con of an LLC is you’re considered self-employed. This is a disadvantage as you’d be taxed under self-employment and responsible to pay Social Security and Medicare taxes. The amount you’d be required to pay depends on your business’s total net earnings.