How to Form an LLC in New York

Starting an LLC in New York is easy, just follow these simple steps:

To form an LLC in New York you will need to file your Articles of Organization with the New York Department of State Division of Corporation, which costs $200. You can apply online or by mail. The Articles of Organization is the legal document that officially creates your New York Limited Liability Company.

Follow the step-by-step guide below to form a New York LLC today and get your business up and running. To learn more about LLCs and their benefits, please read our What is an LLC guide.

STEP 1: Name Your New York LLC

Choosing a company name is the first and most important step in starting an LLC in New York. Be sure to choose a name that complies with New York naming requirements and is easily searchable by potential clients.

1. Follow the New York LLC naming guidelines:

• Your name must include the phrase “limited liability company,” or one of its abbreviations (LLC or L.L.C.).
• Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
• Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
• Your name must be distinguishable from any other New York limited liability company, limited partnership, or corporation.
• Learn more about NY LLC naming guidelines on the New York Senate website.

2. Is the name available in New York? Make sure the name you want isn't already taken by doing a name search on the State of New York website.

3. Is the URL available? We recommend that you check online to see if your business name is available as a web domain. Even if you don't plan to create a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Not sure what to name your business? Check out our LLC Name Generator. After you get your business name, your next step is getting a unique logo. Get your unique logo using our Free Logo Generator.

FAQ: Naming a New York LLC

STEP 2: Choose a Registered Agent in New York

In New York, the Secretary of State acts as the registered agent for all New York LLCs by default. You can, however, choose to designate someone besides the Secretary of State as the registered agent for your New York LLC.

If you choose to use a registered agent service, the Secretary of State will still be the first point of contact for the state and for anyone who might serve your LLC with legal action.

The Secretary of State will forward the following to your LLC’s principal address or the address of your designated registered agent:

• All formation documents
• Any service of process information
• Documents regarding taxation and reporting

Why would you use a registered agent service in New York?

1. Reduce Publication Costs

New York requires newly formed LLCs to publish a notice of formation in local newspapers. Publication costs around $1,500 or more if the principal address is in New York City. A registered agent service located outside the city allows an LLC to use the registered agent’s address as the principal address which greatly reduces the cost of publication.

2. Maintain Privacy

New York's LLC publication requirements mandate that your principal LLC address be publicly shared. Hiring a registered agent service will allow you to use their address instead of yours which will protect your personal privacy.

Read our guide to New York LLC publication requirements.

After the publishing requirements are met, you can change the location of your principal office to anywhere in New York State. You will not need to publish additional notices.

To learn more about New York registered agents, read our full guide.

FAQ: Nominating a New York Registered Agent

STEP 3: File Your New York LLC Articles of Organization

To register your New York LLC, you'll need to file Form DOS 1336 - Articles of Organization with the New York Department of State. You can apply online, by mail, by fax, or in person.

Now is a good time to determine whether your LLC will be member-managed vs. manager-managed.

For help with completing the form, visit our New York Articles of Organization guide.

If you’re expanding your existing LLC to the state of New York, you will need to form a Foreign LLC.

FAQ: Filing New York LLC Documents

STEP 4: Follow New York LLC Publication Requirements

What is New York's LLC publication requirement? Within 120 days of formation, LLCs must publish a notice of LLC formation in two newspapers (one weekly and one daily) for six successive weeks in the county of the LLC's principal office or designated registered agent's office.

Can I pick any newspapers I want? No. The newspapers must be approved by the local county clerk of the county you designate in your Articles of Organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication.

Where do I file my Certificate of Publication? You must submit your Certificate of Publication along with your affidavits of publication to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

Read our full New York publication requirements guide to learn more.

FAQ: New York LLC Publication Requirements

STEP 5: Create a New York LLC Operating Agreement

All New York LLCs are required to have an operating agreement. This may be a verbal or written agreement.

What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.

Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read our New York LLC operating agreement guide.

FAQ: Creating a New York LLC Operating Agreement

STEP 6: Get a New York LLC EIN

What is an EIN? EIN stands for Employer Identification Number. EINs are a nine-digit number assigned by the Internal Revenue Service (IRS) to help identify businesses for tax purposes. It is essentially a Social Security number for a business.

An EIN is sometimes referred to as a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number (FTIN).

Why do I need an EIN? An EIN is required to:

• Open a business bank account
• File and manage federal and state taxes
• Hire employees

What if I already have an EIN for my sole proprietorship? The IRS requires that sole proprietorships get a new EIN when converting to an LLC.

Where do I get an EIN? You can get an EIN for free from the IRS. Getting an EIN is an easy process that can be done online or by mail.

FOR INTERNATIONAL EIN APPLICANTS: You do not need a SSN to get an EIN. For more information, read our How to Get an EIN as a Foreign Person guide.

FAQ: Getting a New York LLC EIN

Important Steps After Forming A Business

Separate Your Personal and Business Assets

When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your New York LLC is sued. In business law, this is referred to as piercing the corporate veil.

You can start protecting your LLC in New York with these steps:

1. Opening a business checking account:

• Separates your personal assets from your company's assets, which is necessary for personal asset protection.
• Makes accounting and tax filing easier.

Need help finding your EIN for your bank application? Visit our EIN Lookup guide for help.

2. Getting a business credit card:

• Helps you separate personal and business expenses.
• Builds your company's credit history, which can be useful to raise capital (e.g., small business loans) later on.

For other important steps to protect your corporate veil, like properly signing legal documents and documenting company business, please read our corporate veil article.

3. Hiring a business accountant:

• Prevents your business from overpaying on taxes while helping you avoid penalties, fines, and other costly tax errors
• Makes bookkeeping and payroll easier, leaving you with more time to focus on your growing business 
• Manages your business funding more effectively, discovering areas of unforeseen loss or extra profit

For more business accounting tools, read our guide to the best business accounting software.

Get Business Insurance for your LLC

Business insurance helps you manage risks and focus on growing your business. The most common types of business insurance are:

• General Liability Insurance: A broad insurance policy that protects your business from lawsuits. Most small businesses get general liability insurance.
• Professional Liability Insurance: A business insurance for professional service providers (e.g., consultants, accountants, etc.) that covers claims of malpractice and other business errors.
• Workers' Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In Alabama, businesses with five or more employees are required by law to have workers' compensation insurance. Note that officers and LLC members are counted as employees.

Read our review of the best small business insurance companies.

Create Your Website

Creating a website is a big step in legitimizing your business. Every business needs a website. Even if you think that your business is too small or in an offline industry, if you don’t have a website, you are missing out on a large percentage of potential customers and revenue.

Some may fear that creating a business website is out of their reach because they don’t have any website-building experience. While this may have been a reasonable fear back in 2015, web technology has seen huge advancements in the past few years that makes the lives of small business owners much simpler.

Here are the main reasons why you shouldn’t delay building your website:

• All legitimate businesses have websites - full stop. The size or industry of your business does not matter when it comes to getting your business online.
• Social media accounts like Facebook pages or LinkedIn business profiles are not a replacement for a business website that you own and control.
• Website builder tools like the GoDaddy Website Builder have made creating a basic website extremely simple. You don’t need to hire a web developer or designer to create a website that you can be proud of.

Using our website building guides, the process will be simple and painless and shouldn’t take you any longer than 2-3 hours to complete.

Send Out a Press Release

Press releases are among the easiest and best ways to promote your business. They are also one of the most cost-effective strategies as they:

• Provides publicity
• Establish your brand presence on the web
• Improve your website’s search engine optimization (SEO), driving more customers to your website
• Are a one-time cost in terms of effort and money
• Have long-lasting benefits

Keep Your Company Compliant

New York LLC Business Permits and Licenses

Does my New York LLC need business licenses and permits?

To operate your New York LLC you must comply with federal, state, and local government regulations. For example, restaurants likely need health permits, building permits, signage permits, etc.

The details of business licenses and permits vary from state to state. Make sure you read carefully. Don't be surprised if there are short classes required as well.

Fees for business licenses and permits will vary depending on what sort of license you are seeking to obtain.

Find out how to obtain necessary licenses and permits for your business or have a professional service do it for you:

• Federal: Use the US Small Business Administration (SBA) guide.
• State: Apply for or learn more about licenses, permits and registration with The State of New York's Licensing Center.
• Local: Contact your local Chamber of Commerce and ask about local licenses and permits.

New York LLC Tax Filing Requirements

Depending on the nature of your business, you may be required to register for one or more forms of state tax. This can be done online through the NY.gov portal.

New York Sales Tax

If you are selling a physical product, you'll typically need to register for a seller's permit, known as a Sales Tax Certificate of Authority, with the New York Department of Taxation and Finance.

This certificate allows a business to collect sales tax on taxable sales.

Sales tax, also called "Sales and Use Tax," is a tax levied by states, counties, and municipalities on business transactions involving the exchange of certain taxable goods or services.

Read our New York sales tax guide to find out more.

New York Employer Taxes

If you have employees in New York, you will need to register for Unemployment Insurance Tax with the New York Department of Labor and Employee Withholding Tax with the New York Department of Taxation and Finance.

Industry Specific Taxes

If your business falls within a specific industry, additional state taxes may apply.

Annual Fee

There is an annual filing fee for each LLC formed in New York which varies depending upon your LLC’s income.

Federal LLC Tax Filing Requirements

Most LLCs will need to report their income to the IRS each year using:

• Form 1065 Partnership Return (most multi-member LLCs use this form)
• Form 1040 Schedule C (most single-member LLCs use this form)

How you pay yourself as an owner will also affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.

File Your New York LLC Biennial Statement

The State of New York requires all LLCs to file a biennial statement every two years with the New York Department of State. The biennial statement typically includes information about your business and can be filed online.

Hiring Employees in New York

If you plan to hire employees for your new York LLC, stay compliant with the law by following these steps:

• Verify that new employees are able to work in the US
• Report employees as "new hires" to the state
• Provide workers' compensation insurance for employees
• Withhold employee taxes
• Print workplace compliance posters and place them in visible areas of your workspace

Find more information at the New York's Department of Labor.

FAQ: Hiring Employees in New York

Avoid Automatic Dissolution

LLCs may face fines and even automatic dissolution when they miss one or more state filings. When this happens, LLC owners risk the loss of limited liability protection. A quality registered agent service can help prevent this outcome by notifying you of upcoming filing deadlines, and even submitting reports on your behalf for an additional fee.

Small Business Resources

Women in Business Tools and Resources

If you have a woman-owned business, many resources are available to help you concentrate on your business’s growth:

• Funding - (i.e., grants, investors, loans)
• Events - (i.e., conferences, meetups)
• Guides - (i.e., business formation, personal growth)
• Support - (i.e., advice, communities, business strategies)

Our information and tools will provide educational sources, allow you to connect with other women entrepreneurs, and help you manage your business with ease.

Free LLC Legal Forms

TRUiC offers a number of free LLC legal forms to help with creating documents like:

• Operating agreements
• LLC resolutions
• Hiring documents, including:
  
  • Employment contracts
  • Independent contractor service agreements (ICSA)
  • Non-disclosure agreements (NDA)

All you’ll need to do to download the forms is sign up for the TRUiC Business Center, which is also free, forever.

How to Make a Website

Check out our how to build a website guide to learn how creating a website isn’t as difficult as it might seem. With the right tools, a good guide, and a bit of patience, you can learn how to make a website for your business in no time.

How to Build Business Credit

Learning how to build business credit can help you get credit cards and other business funding options in your business's name (instead of yours), with better interest rates, higher lines of credit, and more.

TRUiC’s Small Business Tools

TRUiC believes business tools should be free and useful. Our tools help solve business challenges, from finding an idea for your business, to creating a business plan, writing an operating agreement for your LLC, and more.

Check out TRUiC’s small business tools:

• Business Name Generator
• Business Idea Generator
• Free Logo Maker
• Operating Agreement Tool
• Business Plan Generator
• Entrepreneur Quiz

More New York LLC Information

New York Foreign LLCs

Forming a foreign LLC allows your company to operate as one entity in multiple states. If you have an existing LLC and want to do business in New York, you will need to register as a foreign LLC. This can be done by mail or in person.

How to Obtain a Certificate of Good Standing in New York

A Certificate of Good Standing, known in New York as a Certificate of Status, verifies that your LLC was legally formed and has been properly maintained. Several instances where you might need to get one include:

• Seeking funding from banks or other lenders
• Forming your business as a foreign LLC in another state
• Obtaining or renewing specific business licenses or permits

You can order a New York LLC Certificate of Status by mail, by fax, or in person.

How to Dissolve an LLC in New York

If at any point in the future you no longer wish to conduct business with your New York LLC, it is important to officially dissolve it. Failure to do so in a timely fashion can result in tax liabilities and penalties, or even legal trouble. To dissolve your New York LLC, there are two broad steps:

• Close your business tax accounts
• File the New York Articles of Dissolution

When you are ready to dissolve your LLC, follow the steps in our New York LLC Dissolution Guide.