Introduction
Starting a business in New York? One of the most popular and flexible ways to structure your business is through a Limited Liability Company (LLC). If you’re wondering how to form an LLC in NY, this guide breaks it down in clear, actionable steps—so you can start with confidence and stay compliant with state law.
Step 1: Choose a Unique Name for Your LLC
Your LLC name must be distinguishable from existing businesses in New York and must include “LLC” or “Limited Liability Company.”
Use the NY Business Entity Search to check name availability.
Step 2: Appoint a Registered Agent
You need a registered agent in New York to receive legal and tax documents on behalf of your LLC. This can be:
- An individual (yourself or someone else)
- A professional registered agent service
- The NY Secretary of State (default agent)
Step 3: File Articles of Organization
To officially form your LLC, file Articles of Organization (Form DOS-1336) with the New York Department of State.
- Filing Fee: $200
- File Online: NY Business Express
- Processing Time: Instant (online), a few days (mail)
Step 4: Fulfill the NY Publication Requirement
Within 120 days, you must:
- Publish a notice of LLC formation in two newspapers (one weekly, one daily) in the county of your principal office.
- Get an Affidavit of Publication from each newspaper.
- File a Certificate of Publication with the NY Department of State.
- Filing Fee: $50
- Important: This step is mandatory. Failure to comply may result in suspension of your LLC.
Step 5: Create an LLC Operating Agreement
Although not filed with the state, New York law requires that LLCs adopt a written Operating Agreement within 90 days of formation.
This document outlines:
- Ownership structure
- Management roles
- Profit and loss distribution
- Voting rights
Step 6: Apply for an EIN
An Employer Identification Number (EIN) from the IRS is required to:
- Open a business bank account
- Hire employees
- File federal taxes
Apply for free at IRS.gov
Step 7: Comply with Ongoing Requirements
- Biennial Statement: File every 2 years ($9 fee)
- Business Permits: Check if you need local licenses
- Taxes: Register for NY State taxes if applicable
Conclusion
Knowing how to form an LLC in NY gives you a solid legal foundation to launch and grow your business. While New York’s publication rule adds an extra step, forming an LLC is still one of the most entrepreneur-friendly ways to protect your assets and establish your brand.
