We’ll walk you through the forms you need to file with the state, answer frequently asked questions, and cover everything you need to know to successfully get your New York LLC started.
Whether you decide to hire us or choose to form your business yourself, here’s everything you need to know.
The easiest way to register an LLC in New York is to have a New York registered agent do it for you.
We’re here in Albany, in our own building, and we communicate with the secretary of state’s office daily.
Alternatively, you can do it yourself. And we can show you how.
The first thing you need to do when starting an LLC in New York is make a decision: will you hire a professional service to create your LLC or are you going to do it yourself? Our NY LLC formation guide is primarily built for those want to know how to form an LLC on their own, but we’d be remiss not to call out your options.
Pro tip: New York has 1-day online filings by default. If a company is asking for expedite fees on starting an LLC in NY, they’re squeezing you for extra money.
Keep reading to learn how to start your LLC in New York by yourself.
Choosing a name for your LLC is important for an obvious reason: it’s the name the world will associate with your company.
That may sound like a lot of pressure, and while it’s great to start with your forever LLC name, you can always come back make an LLC amendment or file a DBA with the state to do business under a different name. Name selection doesn’t need to be set in stone.
What’s actually most important is that your desired NY LLC name is available.
There are two ways to check name availability in New York.
Before you begin the articles of organization online, however, you’ll need to obtain a NY.gov login ID. Obtaining this is a straightforward process, but it will require email verification.
The state database will perform a cursory approval (only takes a couple seconds) before allowing you to proceed with your preferred LLC name.
Reserving an LLC name prior to filing may actually complicate and slow down starting your LLC. In our non-legal, non-lawyer opinion, we don’t recommend doing a name reservation in New York.
New Yorkers often register a Certificate of Assume Name (commonly known as a DBA) for their LLC because it allows for franchising and branding opportunities. If you’re interested in registering an assumed name, you can select our Trade Name Service inside your account after signing up for our LLC formation service. We will register your LLC’s assumed name for $125 plus state fees.
New York is the one of the only states in the US where having a registered agent for your LLC is optional. The state by default receives all lawsuits (service of process) and will forward those documents to an individual indicated on the articles of organization. New York charges no additional fees for this service.
The only requirement to have New York handle your service of process is that the individual or company listed on the articles of organization must reside in a US state or territory. That means non-US citizens starting an LLC in New York will likely need to hire a registered agent.
But there are plenty of reasons why hiring an NY registered agent could be a good idea.
Why hire a registered agent in New York:
How much does a NY registered agent cost?
Hiring a registered agent in New York could cost you anywhere from $49 to $500. But this is one case where we don’t believe extra money actually gets you more.
To register an LLC in New York, you need to complete the state’s LLC Articles of Organization. You can do this online in a matter of minutes. Follow along below and we’ll walk you through completing the Articles of Organization online:
First, you’ll need to go to the New York Department of State website to complete the articles of organization. Once there, scroll down to select “Apply Online as an owner.”
Pro tip: On the state website, you may see information about filing times and expedite fees. Those times and fees are for paper filings. Online filings are automatically expedited.
After selecting, “Apply Online as an owner, you will be taken to a screen that prompts you to either enter your NY.gov ID login or to create a login.
Creating a NY.gov login is simple. You will need to enter your name and email and then complete the email verification process.
After you’ve created your NY.gov credentials, log in to officially get started on the Articles of Organization.
The first step to completing the New York Articles of Organization online is to enter your preferred LLC name. Remember to add the LLC name ending on any name you enter.
If the LLC name you’ve entered is already in use, you’ll see a red bar and the company’s information below.
Once you find an available LLC name, re-enter the name of your LLC exactly as listed and select “Save & Continue.”
On this step you will be asked whether you want to include some optional clauses with formal language in your articles of organization.
Then you will be asked to confirm whether there are any non-English words in your LLC name. If so, you will be asked to translate the word(s) into English.
The final question on this page asks which county your LLC will be located in. The county you list will be the county in which you’ll be required to publish LLC notification in two local newspapers. So, if you’re going to hire a registered agent that will let you list their address on your articles, make sure you list the county in which the registered agent is located.
As mentioned above, New York is the only state in the US that does not require you to appoint a registered agent. The state will handle your service of process on behalf of your company for no additional charge.
If you do elect to have the state handle your service of process, simply list your name and address and you can skip listing a registered agent. The only downsides are a loss of privacy and loss of ability to use a registered agent address for potential publication savings, as you’ll have to list your name and address in this section if you elect to have the state handle any LLC service of process notifications.
If you decide to hire a registered agent, the state website features a dropdown menu that let’s you select your registered agent from a list.
After making the selection, the fields will pre-populate with your agent’s information.
This tab is filled with optional statements to be included in your articles of organization.
This is purely personal preference where you can list:
To include any of the statements listed above, simply click the check box and that section will be included in your Articles of Organization.
An LLC organizer is the person or entity completing the articles. All you need is name and date.
As a likely redundancy, you’ll need to list the name of the person filing the articles. The filer can be the same name as the organizer.
To complete the articles of organization, you can pay the $200 state fee with electronic check or any major credit card.
The state of New York charges a $200 filing fee when you form your LLC online. Paper filings can potentially pay more if you select any expedite options.
Assuming you know your preferred name and whether or not you’ll hire a registered agent, completing the articles of organization will likely take you about 15 minutes. The NY Department of State will send you a confirmation email that your LLC has been created several minutes later.
Once you file your NY Articles of Organization, the clock is ticking. You have exactly 120 days to publish a total of 48 newspaper ads in two newspapers in the county where your LLC was formed.
We know. The NY LLC publication requirement is bonkers. It’s also expensive, depending on where you’re registered. New York City LLCs are looking at upwards of $1,500. But we have a solution. Hire us to serve as your registered agent or form your NY LLC, and you can use the address of our office in Albany, which is one of the cheapest places to publish in the state. With your business registered in Albany, you’ll pay less than $200 – TOTAL – in publication fees. After you publish, the newspaper will send you an Affidavit of Publication. You’ll use it to file the Certificate of Publication ($50) with the Department of State.
An LLC operating agreement is just what it sounds like: an agreement on how the LLC is going to operate. You don’t have to file it with the NY Department of State, but you do need to have one.
A good operating agreement will include basic info about your LLC, but it should also get into the nitty gritty. How much money are members contributing? How will profits and losses be allocated? What if a member wants out? And how will you handle it if — God forbid — things go south and you need to dissolve?
Hashing it out over pizza is great, but you need to get it in writing.
An Employee Identification Number (EIN), also sometimes called a FEIN, is a nine-digit number assigned to your LLC by the IRS.
Do I need an EIN?
Probably. If you’re a single-member LLC with no employees and no need to pay excise taxes, you can technically use your Social Security number. Otherwise, you need an EIN. The law might not require you to get an EIN, but your bank will.
How do I get an EIN for my NY LLC?
You can apply online and get an EIN instantly.
Most limited liability companies in the US have to file what’s known as a BOI report with the Financial Crimes Enforcement Network (FinCEN). This requirement is part of the Corporate Transparency Act, which goes into effect January 1, 2024.* At that time, all qualifying companies will have 30 days after formation to submit a BOI report. This filing is free.
Your BOI report must include information about all beneficial owners (someone who has a major stake in the company or at least 25% ownership) and at least one company applicant (the person who filed to form the company, and — if different — the person who ordered the filing to be made). Beneficial owners and company applicants must provide:
Some companies in highly regulated industries, like finance, are exempt — but for the vast majority of LLCs, this report is essential. The good news is: the information you include will NOT be made public.
* If you formed your company before January 1, 2024, you have until 2025 to file your initial BOI report.
Yes. All LLCs must file a Biennial Statement ($9) every other year, as well as an Annual Filing Fee based on their tax status and annual income. If your LLC files taxes as a disregarded entity, your Annual Filing Fee will be $25. If you file as a partnership, you’ll pay somewhere between $25 and $4,500, depending on your gross income. To see a breakdown of fees, visit the Department of Taxation and Finance.
Yes. While LLCs don’t have to pay corporate taxes, they still have to pay what’s known as an Annual Filing Fee using Form IT-204-LL. And of course, there are state and local taxes that apply to certain businesss and activities, such as state, city, and district sales and use taxes.
Yes. Technically, the state will be your registered agent by default. But you can add yourself as an additional point of contact with the state when your file your articles. In this case, the state will reach out to you directly when legal notices and state documents need to reach your company.
Not okay with putting your name and address on a permanent public filing—but still don’t want to wait on the state for important notices? Another option is to hire a registered agent service, like us.
At the end of the day, the easiest way to register an LLC in New York is to have a New York registered agent do it for you.
We know the ins and outs of New York LLCs, and as your registered agent, we’re there for your business each and every day.
