Form an LLC in New York
Everything you need to know about forming an LLC in New York. Filing fees, requirements, timeline, and step-by-step guidance.
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How to File
Choose and Reserve Your LLC Name
Search the New York Department of State's business name database to ensure your desired name is available and complies with NY LLC naming rules, including the required 'LLC' or 'Limited Liability Company' designation. You may optionally reserve the name for 60 days by filing an Application for Reservation of Name for a $20 fee.
30 minutes
Designate a Registered Agent
Appoint a registered agent (called a 'registered agent for service of process' in New York) who has a physical street address in New York State and is available during normal business hours to accept legal documents. This can be an individual or a registered commercial agent service.
1-2 hours
File Articles of Organization
Complete and file the Articles of Organization (Form DOS-1336) with the New York Department of State, Division of Corporations, either online, by mail, or in person, along with the $200 filing fee. The form requires the LLC name, county of principal office, and registered agent information.
1 hour
Draft and Adopt an Operating Agreement
New York law (LLC Law §417) requires all LLCs to adopt a written operating agreement within 90 days of filing the Articles of Organization, making this one of the few states where an operating agreement is legally mandatory. The agreement should outline ownership structure, member roles, profit distribution, and management procedures.
2-5 hours
What's Next After Filing
Once your LLC is officially formed, you'll want to complete these important steps:
- •Fulfill the Publication Requirement — Within 120 days of formation, you must publish a notice of LLC formation in two newspapers designated by the county clerk of the county where your LLC is located — one daily and one weekly — for six consecutive weeks. After publication, file a Certificate of Publication with the Department of State along with a $50 filing fee.
- •Obtain an EIN and Open a Business Bank Account — Apply for a Federal Employer Identification Number (EIN) from the IRS at no cost, which is required for tax filing, hiring employees, and opening a business bank account. Use the EIN to open a dedicated business bank account to maintain separation between personal and business finances.
- •Register for State Taxes and Obtain Required Licenses — Register with the New York State Department of Taxation and Finance for applicable taxes, including sales tax if selling taxable goods or services, and obtain any required local, state, or federal business licenses or permits applicable to your industry and location.
Advantages
- ✓Limited liability protection shields members' personal assets from business debts and legal judgments
- ✓Pass-through taxation by default avoids corporate double taxation, with flexibility to elect S-corp or C-corp tax treatment
- ✓New York's single-member LLC is legally recognized, making it accessible for solo entrepreneurs with full liability protection
- ✓Flexible management structure with no board of directors requirement, allowing member-managed or manager-managed arrangements
- ✓Strong credibility with customers, vendors, and financial institutions compared to sole proprietorships or general partnerships
Considerations
- •New York's mandatory publication requirement is uniquely burdensome and expensive, potentially costing $1,000–$2,000+ in NYC counties alone
- •Annual LLC filing fees based on gross income can become substantial for higher-revenue businesses, ranging up to $4,500 per year
- •New York City's Unincorporated Business Tax (UBT) at 4% adds an additional tax layer for LLCs operating within the five boroughs
Annual Obligations
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