New York LLC – How to Form an LLC in New York (2022)


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How to Start an LLC in New York: If you’re interested in setting up an LLC in New York, you’ve come to the right place. Having an LLC not only protects your personal assets but also is less complicated than other business structures. New York laws make it easy to establish your LLC in New York. On this page, You’ll find all the steps that must be taken to ensure that your New York LLC has been correctly established. We recommend you read the whole article very carefully word by word, don’t miss anything 🙂

New York LLC

How to Start an LLC in New York

An LLC or a Limited Liability Company is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection.

If you wish to start an LLC in New York, mainly you have to file your Certificate of Formation with the State and pay a filing fee of $200. There are some more steps to follow to get your LLC established in New York. The following steps explain everything you need to create your LLC in New York in 2022. Let’s get started!

Step 1: Decide a Name for Your New York LLC

New York name your llc

The very first step while forming an LLC in New York is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.

New York LLC Naming Guidelines

There are a few specific requirements all the LLCs in New York have to follow while naming their Company. Some of the most important requirements are as follows:

  • Your business name should be available and no other existing business in New York can have the same name. Perform a name search from the below-mentioned source to be sure your name isn’t taken already.
  • “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
  • You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
  • Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by New York State Government are fulfilled.
  • (Optional) It’s better to name your business something for which your desired domain is available.
Important Links –Submit Offline Form to –
New York Business Entity Search – Online Name Search
Name Reservation Form – PDF
Name Availability Standards – Guidelines
New York LLC Name Search – Instructions
New York State, Department of State
Division of Corporations, State Records
and Uniform Commercial Code
99 Washington Avenue 6th floor
Albany, NY 12231

Reserve Business Name for Future

If you do not wish to file your LLC right now but want to hold the name you have decided then you can reserve your LLC name for 60 days. To keep the name, you have to file a name reservation application and pay $20 to reserve your name with the New York Secretary of State.

Doing Business As (DBA) or Trade Name

Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the New York Secretary of State by submitting an Application to Register a Fictitious Name in New York along with the filing fee of $100. Read the Instruction to file DBA before you proceed.

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Tailor Brands offer DIY website templates and incredible logo designs. If you plan to get a website then it is wise to have a “.com” domain for your business but these days you can also use other TLDs like “.company”, “.xyz” etc. With Tailor Brands, you can get everything you need at an affordable price.

Do I have to include LLC in my company email/domain?

It is not legally mandatory to use the word LLC in your domain name or email. If you want you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.

Step 2: Assign a Registered Agent in New York

new york registered agent

The second step to forming a New York LLC is to appoint a Registered Agent. A registered agent is a person or business entity that will act or work on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in New York. Hence, hiring a competent New York Registered Agent for your LLC is necessary. 

Make sure your registered agent is a resident of New York or has a physical street address. Their business address or the principal address should be in New York. Most LLC formation companies also provide registered agent services. Below are two great LLC setup services, even if you buy their cheapest plan (normally $49/year) you also get registered agent service and other services at a reasonable price.

LLC Service

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$49 + State Fees

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$299 + State Fees

  • Turnaround in a few days

  • EIN & Website Included

  • Operating Agreement Included

These LLC formation services are recommended registered agent services as they are authorized to conduct business in New York. Some LLC formation services offer standalone New York registered agent services. You can purchase only Registered Agent services from them without purchasing any other LLC formation services.

Who Can Be a Registered Agent?

A person who is above 18 years of age and has a physical address in the state of New York can be a Registered Agent. A Registered Agent can be an independent person or can be a business entity. One who is responsible for handling all the legal documents.

Can I Be My Own Registered Agent?

Yes, you can be your own registered agent if you are a resident of the state of New York and you are above 18 years of age. To become a registered agent you must have the authority to conduct any type of business in New York.

Registered Agent Consent Application

In New York, there is no separate Consent Letter to be produced to the Secretary of State. At the time of change of Registered Agent (or the name or address), the new Registered Agent has to sign the consent letter. It comes with the Application form to Change the Registered Agent. The filing fee of $30 should be paid for it. For more information on the same, read our guide on New York Registered Agent.

Step 3: File Articles of Organization in New York

New York certificate of formation

The third and most important step in forming a New York LLC is to file the Certificate of Formation. This New York Articles of Organization is a legal document needed to officially register your business with the Secretary of State. It costs $200 (by mail and online) to file your formation certificate in New York. (Read more on LLC cost in New York).

The Certificate of Formation includes details like the name of the LLC, registered agent’s name, address, employees’ details, and structure of the company (member-managed or manager-managed). Before hiring employees in New York LLC, one should know about the rules and regulations thoroughly. Also if you are expanding your existing business (an LLC) to New York then you need to register as a New York Foreign LLC.

How to File Online

Go to the Secretary of State Online Service. You will get the online service page. If you already have a NY Gov ID, then you can log in to the portal by clicking on the ‘Log in to User Account” button below. If you want to create your account, then you can register and directly start filing your LLC by clicking on the “Online Filing” button below. Read more about the New York Articles of Organization for online registration.

How to File by Mail

If you prefer filing real-life forms for your New York LLC registration, then you can download Domestic LLC Formation Form. Read the form thoroughly, fill it out, and mail it along with the Credit Card/Debit Card Authorization form to the following address,

Mailing Address:

Department of State Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231

Fax: (518) 474-1418

Processing Time: It takes no time (immediately) to get a New York LLC if you file it online. For the mail filing, it takes 3 to 5 business days to get an LLC. By paying an additional fee, it can be expedited.

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Step 4: Meet New York LLC Publication Requirements

new york llc publication

Every LLC in New York needs to publish a notice in two separate newspapers (one daily & one weekly) within 120 days of the formation. This notice should be published for 6 weeks continuously. LLCs cannot choose any newspapers. The papers must be approved by the local county clerk of the county your LLC is located (according to the Articles of Organization). After the publication, LLCs will receive one affidavit of publication from each publisher.

To file the Certificate of Publication, LLCs need to submit the Certificate of Publication form along with the Affidavits received from the publishers to the following office,

Fees: A non-refundable fee of $50 should be paid to the Department of State, New York. The publication fee is around $1500 to $2000 in New York. However, you can save this money with the help of a New York Registered Agent service.

Mail To: New York Department of State
Division of Corporations
One Commerce Plaza,
99 Washington Avenue,
Albany, NY 12231

Step 5: Create Your New York LLC Operating Agreement

new york operating agreement

Moving on to the fourth step, filing your operating agreement. An operating agreement is a document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.

When it comes to filing a New York LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation. Like New York, there are other states that do not have a mandatory rule to file operating agreements. But, this document would be useful if you decide to dissolve New York LLC later. Hence, having an operating agreement may not be necessary but it is definitely ideal.

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Step 6: Filing a New York LLC EIN

New York file EIN for llc

The Employer Identification Number or, simply, the E.I.N. is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business for that matter. 

EIN is needed when the LLC hires employees. Hiring employees in New York LLC requires following specific rules and regulations. On the other side, EIN for New York foreign LLC should be obtained if your LLC is based in other states.

To obtain EIN (aka FEIN) one has to fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally complete the form and send it to the address given. You can also get an EIN Assistant who can help you with the process.

Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999

Fax: (855) 641-6935 | Fee: Free

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Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.


Congratulation, you are now done with all the necessary steps to form your New York LLC. If you do it yourself it should take you a long time to properly understand and do all the steps.

However, if you use TailorBrands it should take fewer hours and you always have live chat with expert support for any help you need.


After Starting Your New York LLC

After forming your LLC, there are still some things that you will need. Take note of the following:

This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings to make sure your LLC is up-to-date.

Cost of New York LLC

Forming an LLC in New York is no doubt more cost-effective than other structures of a business. There are some fees and charges one has to bear to form a New York LLC. LLCs have pass-through taxation. Hence, your New York LLC won’t bring you a massive tax burden. Here are some of the fees and taxes are needed to be paid while forming an LLC in New York,

Fees/TaxAmount to be Paid
Name Reservation Fee$20
Articles of Organization Fee$200 (by mail and online)
Certificate of Publication$50
LLC Biennial Report$9
Sales Tax4%

In New York, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then you can do that online. Your LLC name will be reserved for 60 days without registering your LLC. It can be done by paying $20.

In New York, a Biennial Report has to be produced every 2-year. It costs $9. Also, the State of New York requires LLCs to pay a Sales Tax of 4% every year. Read our guide on LLC costs in New York for more information.

New York Foreign LLC

If you are interested in forming a Foreign LLC in New York then you need to file the Certificate of Foreign LLC to the New York Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents like the Certificate of Good Standing, etc. to the New York SOS to form your foreign LLC in New York. To know more in detail, check out our guide on New York Foreign LLC.

Reasons to Start an LLC in New York

Are you aware of the fact that many top-ranked global businesses are based in New York? The reason behind this is the business-friendly environment that makes New York the most favorable destination for business in the world. To start an LLC in New York, business owners need to get different permits such as building permits, signage permits, and health permits if it is a restaurant or food-related business.

Moreover, for start-ups, the New York government has many tax benefits like reducing tax liabilities and incentives like business funding options that will help entrepreneurs start an LLC in New York. Here are the insights.

Start-Up New York Program 

The start-up New York program is a tax benefit program introduced by the state government to bring new start-up ideas and investments into the state. Under this program, a start-up company has to enroll themselves and select based on criteria fixed by the government. All those companies who get selected are eligible for a tax-free operation at some state locations for a period of whopping 10 years.

Federal Work Opportunity Tax Credit (WOTC)

Under this program, some tax rebate is provided to an LLC in New York based on hiring people belonging to a special group. These special groups are those people who have to follow issues at every step in their journey when they step out for employment. That is why the government is helping hand such people and wants the New York LLC to hire such people.

For this task, the company will enjoy a tax credit of a minimum of $1200 to a maximum amount of $9600. This amount varies on how many employees of this category are hired by you and the salary they are taking out of LLC accounts. Some of those groups are:-

  • People who are unemployed veterans due to some disability. They are highly qualified.
  • Recipients from the list of Temporary Assistance for needy Families.
  • Community residents living in special empowerment zones or rural areas of the country are still under renewal.
  • People who have a food stamp.
  • Individuals who are in their rehabilitation period are referred by their centers. 

IDA Commercial Tax Incentives

The IDA commercial incentive is a program in which an LLC going through changes in their existing building or starting the work of new construction is provided a rebate on the land taxes for up to 25 years according to the construction they are proceeding with. Also, the state sales tax is waived for purchasing construction and renovation material is around 8.875%. Read more on New York’s classification of LLC tax.

Best Businesses in New York

When you want to form an LLC in New York, you must have complete knowledge of the state’s business environment. To help you in this process, we have mentioned some valuable information below.

Financial Services

How can a person forget the wall street of Manhattan when talking about New York Businesses? The state’s stock exchange and silicon valley are continuously growing since 1817, impacting the whole world with one action. The contribution of this incredible sector to the economy is $211 billion.

Manufacturing Business

Most of the products that are manufactured in the state are basically for exports. Only a few amounts of goods are kept for local use. General software, mobile devices cover the manufacturing industry’s biggest chunk and clothes manufacturing. The contribution of this sector is $64.83 billion, and it is also indirectly supporting the export sector. It accounts for $84.7 billion, which has vegetables and manufactured products in it.

Media and Entertainment

The most prominent media houses of the USA are present in the state that is controlling global trends. Some of the biggest ones are CNN, News Corporation, The New York Times Company, etc. These media houses alone have helped many people generate their livelihood and have contributed around $9 billion to the GDP. The tax that this industry failed in 2014 was accounted for $240 million, which is enormous for the non-manufacturing sector.

Agriculture

The modern state of New York is also rich in its agricultural activities due to its deep fertile soil. Crops produced in the state are pears, strawberries, dairy goods, etc. 25% of the total area allocated to the state is consumed for farming purposes that have recently contributed to around $4.28 billion to the state’s GDP.

Some small businesses that are thriving well in New York are:-

  • Food delivery business
  • Property management
  • Online trading 

New York LLC Formation Review

Time needed: 5 minutes.

Just to recap, here are the easy steps again when forming an LLC in New York. Click on the steps in this list to read the full detail.

  1. Name your New York LLC

    The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
    name your llc

  2. Choose a Registered Agent

    In New York, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services like NorthWest Registered Agent to get things done hassle-free.
    registered agent

  3. File a Formation Certificate

    Filing a formation certificate is necessary when forming an LLC in New York. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
    articles of organization

  4. Meet the Publication Requirements

    In New York, a notice of LLC formation should be published in an approved newspaper. This is a mandatory task for all the newly established LLCs.
    new york llc publication

  5. Create an Operating Agreement

    An operating agreement is not a strict requirement in New York but something encouraged when you start an LLC to avoid future conflicts.
    operating agreement

  6. Get an EIN

    The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
    file EIN for llc

How Fast Can I Form an LLC in New York

If you have filed for LLC in New York via mail it may take up to 3-5 business days. When applying online, it will be processed immediately, once approved.

The question of how fast can I form an LLC in New York is one that may be on your mind. There are several steps involved. You must first file a certificate of organization and publish notice of LLC formation in two newspapers. The name of the LLC must match the company’s name on the Department of State records. The documents that you will need to complete to form an LLC in NY are listed below. The process of filing an LLC in NY is not difficult, but you must be prepared to follow some laws and regulations.

The first step to forming an LLC in New York is to file articles of organization with the state. These documents state the name of the LLC, its location in New York, and the name of the business’s agent for service of process. You can file articles of organization online or at a local office of the Secretary of State. The articles of organization must be signed by one or more business owners. When you’re finished, you’ll receive a state certificate. This certificate will be important when you need to open a business bank account, obtain a tax ID number, and more.

Next, you must contact the county clerk of the county in which you want to operate your business. This is often the same county as your principal office. You can contact the county clerk online or by mail to find the address and phone number for your local office. You should be sure to include this information on your business cards as well as on the articles of organization. Remember to keep all copies of the documents you file for your LLC in your business files.

Then, you must file the required documents and wait for them to be approved by the state. Once you submit all necessary documents, the New York Department of State will email you the approved documents. You can download your approved documents immediately. Remember that LLC approval times are a combination of processing time and transit time. However, if you file an expedited form, it may take a few days longer to get your documents approved.

Next, you must choose a name for your business. If you don’t already have a company name, try searching the business entity database to find a suitable one. The name you choose should be simple and unique, yet not too vague. If you want to make your LLC more distinctive from other entities, you need to include the phrase “limited liability company” or one of its abbreviations.

Filing Articles of Organization is the first step to create an LLC in New York. Then you must choose a name for your business and pay a filing fee. This process will take anywhere from a day to a month. During that time, you must choose a registered agent and register the LLC name. Once the process is complete, it will take about six weeks to get your business up and running.

F.A.Qs

Can I file an LLC in New York by myself?

If you are a resident of New York, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.

What is the cost of forming an LLC in New York in a year?

Apart from the formation fee of $200 (domestic LLC) and $250 (foreign LLC), LLC costs in New York include $9 for Biennial Reports every year. LLCs are liable to pay sales tax of 4% every year.

How long does it take to get an LLC in New York?

It takes no time (immediately) to get a New York LLC if you file it online. For the mail filing, it takes 3 to 5 business days to get an LLC. If you hire a professional LLC service, then it might take less than that. We recommend Tailor Brands which has impeccable turnaround time.

How to renew my LLC in New York?

Every year all the LLCs have to submit an Annual Report and pay $9 every 2 years to the New York Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.

What is the tax structure for an LLC in New York?

Generally, for the LLCs, it is a default tax structure. Once you will obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the New York Classification of LLC Tax.

In Conclusion

LLCs are easier to establish than other business structures. Small businesses, especially start-ups can easily start an LLC in New York at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.

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