How to Form a Limited Liability Company in New York

Start an LLC in New York in Six Simple Steps

Step 1: Give Your New York LLC a Name
Step 2: Select a New York Registered Agent.
Step 3: File the New York Articles of Organization; Step 4: Comply with the Publication Requirements of New York.
Step 5: Establish an Operating Agreement
Step 6: Obtain an EIN

It is simple to form an LLC in New York.

To incorporate a New York LLC, submit your Articles of Organization to the New York Department of State Division of Corporation for a fee of $200. You may apply both online and by mail. The Articles of Organization are the legally binding documents that establish your New York Limited Liability Company.

STEP 1: Give Your New York LLC a Name

The first and most significant step in forming an LLC in New York is deciding on a name. Make sure your name conforms with New York naming regulations and is readily searched by prospective customers.

1. Follow the name criteria for New York LLCs:

The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).
Your LLC’s name cannot include terms that may be confused with a government organization (FBI, Treasury, State Department, etc.).
Restricted terms (e.g., bank, attorney, university) may need extra documentation and the participation of a licensed professional, such as a doctor or lawyer, in your LLC.
Your name must be distinct from any existing limited liability business, limited partnership, or corporation in New York.
The New York Senate website has further information regarding LLC name requirements in New York.

2. Does the name exist in New York? Do a name search on the State of New York website to ensure that the name you choose isn’t already used.

3. Is the URL accessible? We suggest checking online to see whether your company name is accessible as a web domain. Even if you don’t intend to construct a company website right away, you may want to purchase the URL to prevent others from gaining it.

STEP 2: Select a New York Registered Agent

By default, the Secretary of State functions as the registered agent for all New York LLCs. You may, however, pick someone other than the Secretary of State to serve as the registered agent for your New York LLC.

Even if you employ a registered agent service, the Secretary of State will still be the initial point of contact for the state and anybody who may serve legal action on your LLC.

The Secretary of State will send the following to the primary address of your LLC or the address of your chosen registered agent:

All formation paperwork
Any process information service
Taxation and reporting documentation

Why would you choose a New York registered agent service?

1. Lower Publication Costs

In New York, newly created LLCs are required to post a notice of creation in local newspapers. If the primary location is in New York City, the publication will cost roughly $1,500 or more. A registered agent service situated outside of the city enables an LLC to utilize the registered agent’s address as the primary address, lowering the cost of publishing significantly.

2. Maintain Your Privacy

Your primary LLC address must be publicly disclosed under New York’s LLC disclosure rules. Hiring a registered agent service allows you to use their address rather than your own, protecting your personal privacy.

STEP 3: File the Articles of Organization for your New York LLC.

You must complete Form DOS 1336-f: Articles of Organization with the New York Department of State to register your New York LLC. You may submit your application online, via mail, fax, or in person.

STEP 4: Comply with the New York LLC Publication Requirements.

What is the publishing requirement for an LLC in New York? LLCs must publish a notice of LLC creation in two newspapers (one weekly and one daily) for six consecutive weeks in the county of the LLC’s primary office or designated registered agent’s office within 120 days of establishment.

Can I choose whatever newspaper I want? No. The local county clerk of the county you specify in your Articles of Organization must authorize the publications. Following publication, each newspaper’s printer or publisher will supply you with an affidavit of publication.

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

STEP 5: Draft an Operating Agreement for a New York LLC.

An operating agreement is essential for all New York LLCs. This might be an oral or written agreement.

What exactly is an operating agreement? An operating agreement is a legal document that outlines an LLC’s ownership and running processes.

Why are operating agreements necessary? A detailed operating agreement guarantees that all firm owners are on the same page and decreases the likelihood of future disagreement.

STEP 6: Apply for a New York LLC EIN.

What exactly is an EIN? EIN is an acronym that stands for Employer Identification Number. EINs are nine-digit numbers provided by the Internal Revenue Service (IRS) to companies to assist them be identified for tax reasons. It is basically a business’s Social Security number.

An EIN is also known as a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN) (FTIN).

Why do I need an EIN? An EIN is necessary in order to:

Establish a business bank account.
Manage and file federal and state taxes
Employ people

What if my single proprietorship already has an EIN? When transitioning a sole proprietorship to an LLC, the IRS demands a new EIN.

Where can I get an EIN? The IRS will provide you an EIN for free. Obtaining an EIN is a simple procedure that may be completed online or by mail.