Form a LLC in New York
Everything you need to know about forming a LLC in New York. Filing fees, requirements, timeline, and step-by-step guidance.
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How to File
Choose a Name for Your LLC
Select a unique name that includes 'Limited Liability Company,' 'LLC,' or 'L.L.C.' and complies with New York naming rules. Search the New York Department of State's corporation and business entity database to confirm availability.
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. This can be an individual, a member of the LLC, or a professional registered agent service.
15 minutes
File Articles of Organization
File the Articles of Organization (Form DOS-1336) with the New York Department of State, Division of Corporations. This can be done online, by mail, or in person, along with the $200 filing fee.
1 hour
Draft an Operating Agreement
New York law (NY LLC Law §417) requires all LLCs to adopt a written operating agreement within 90 days of filing. This document governs the LLC's internal operations, member rights, and management structure.
2-4 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 (one daily, one weekly) designated by the county clerk in the county of your LLC's office. After publication, file a Certificate of Publication with the Department of State along with a $50 fee.
- •Obtain an EIN and Open a Bank Account — Apply for a federal Employer Identification Number (EIN) from the IRS for free at IRS.gov, then use it to open a dedicated business bank account to keep finances separate from personal assets.
- •Register for State Taxes and Licenses — Register with the New York State Department of Taxation and Finance if you will collect sales tax or have employees, and obtain any required state or local business licenses or permits applicable to your industry.
Advantages
- ✓Personal liability protection shields members' personal assets from business debts and lawsuits
- ✓Flexible management structure — can be member-managed or manager-managed without the formality required of corporations
- ✓Pass-through taxation by default avoids corporate double taxation, with option to elect S-Corp or C-Corp tax treatment
- ✓Credibility and permanence as a registered business entity, which can help attract clients, investors, and financing
Considerations
- •Mandatory and expensive publication requirement unique to New York can cost $400–$2,000+ depending on county, with NYC counties among the most expensive
- •Annual filing fees and the LLC filing fee (Form IT-204-LL) add ongoing costs that sole proprietorships and general partnerships avoid
- •More administrative complexity than operating as a sole proprietor, including required operating agreement, biennial statements, and tax registrations
Annual Obligations
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