🗽How to Start an LLC in New York (2025 Guide)
Learn how to start an LLC in New York in 2025. Covers Articles of Organization, NY registered agent, publication requirements, costs, and more.
🤔 Why Form an LLC in New York?
Forming a New York LLC offers liability protection and flexible tax options. Despite its higher fees and publication requirement, many entrepreneurs choose NY for credibility, especially when operating in or around NYC.
| Benefit | Description |
|---|---|
| 🛡️ Liability Protection | Separates personal and business assets |
| 💰 Flexible Taxation | Choose default pass-through or elect S-Corp/Corp |
| 🧾 Legal Compliance | NY law mandates Operating Agreement — keeps your business structured |
| 🧑💼 Credibility | Establishes trust with clients, banks, and vendors |
| 📰 Local Presence | Publication step builds local awareness |
🧭 Step-by-Step: How to Form a New York LLC
1. 🏷️ Choose a Name for Your LLC
Your LLC name must:
Be distinguishable from others on record
Include “Limited Liability Company,” “LLC,” or “L.L.C.”
Not include restricted terms like “bank” or “insurance” without approval
✅ Check name availability via the NY Corporation & Business Entity Database
2. 🧑💼 Appoint a Registered Agent
A registered agent receives legal documents on behalf of your LLC. In New York:
The Secretary of State acts as the default agent
You may optionally appoint a separate agent
📌 Having your own agent adds privacy and flexibility.
3. 📝 File the Articles of Organization
To officially form your New York LLC, file Form DOS-1336 with the Department of State.
Filing Fee: $200
Processing Time: 3–5 business days (expedited options available)
File Online: New York Business Express
4. 📄 Create an Operating Agreement
New York law requires all LLCs to have a written operating agreement within 90 days of formation.
Details to include:
Member roles and responsibilities
Profit/loss distribution
Voting rights
Dissolution process
⚠️ This document is not filed with the state but must be kept in your business records.
we offer free templates for both member-managed and manager-managed LLCs.
5. 📣 Satisfy the Publication Requirement
One of New York’s most unique steps: You must publish a notice of your LLC formation in two newspapers (one weekly, one daily) for 6 consecutive weeks.
Requirements:
Newspapers must be in the county of the LLC’s principal office
Affidavits of publication must be submitted with the Certificate of Publication form
Filing Fee for Certificate of Publication: $50
Typical Publication Cost: $600–$1,500 (varies by county)
6. 🆔 Get an EIN from the IRS
An EIN (Employer Identification Number) is needed for:
Hiring employees
Opening a business bank account
Filing federal taxes
🆓 Apply online through the IRS EIN Portal
7. 🧾 Apply for Business Licenses
While there’s no statewide business license in New York, your city or industry may require one.
Examples:
NYC Business License via NYC Business Portal
Sales Tax Certificate of Authority (if selling taxable goods/services)
8. 💼 Open a Business Bank Account
Keep personal and business finances separate. You’ll need:
EIN
Certificate of Formation
Operating Agreement
9. 📆 File Biennial Statements
Due every two years during the anniversary month.
File online at NY Division of Corporations.
Fee: $9
🔍 People Also Ask
How much does it cost to start an LLC in New York?
It costs $200 to file Articles of Organization, plus publication and other fees, making the total $300–$1,500 depending on your county
How long does it take to form an LLC in New York?
Standard processing takes 3–5 business days. Expedited options are available.
💰 New York LLC Costs (2025)
| Document/Service | Cost |
|---|---|
| Articles of Organization | $200 |
| Certificate of Publication Filing | $50 |
| Publication Requirement | $600–$1,500 |
| Registered Agent (annual) | $50–$150 |
| EIN | Free |
| Operating Agreement | Free (DIY) |
| Business Licenses (if applicable) | Varies |
🏛️ New York Department of State Info
Division of Corporations, State Records & UCC
📍 One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231
📞 Phone: (518) 473-2492
❓ FAQs - New York LLC
1. Is the NY publication requirement mandatory?
Yes. It must be fulfilled within 120 days of formation.
2. Can I be my own registered agent?
Yes, but the NY Secretary of State is automatically listed as your agent.
3. Is an operating agreement required?
Yes, New York law mandates a written agreement within 90 days.
4. Do I need an EIN for a single-member LLC?
Yes, if you hire employees or open a business bank account.
5. Can I file the Articles of Organization online?
Yes, through the NY Business Express portal.
6. Are there annual reports for NY LLCs?
No annual reports, but biennial statements are required.
7. Do I need a business license in NYC?
Yes, depending on your business type and location.
8. Does NY have ongoing compliance requirements?
Yes, including biennial reports and potential local licenses.
About Us
We specialize in guiding individuals through the process of forming LLCs across all states, while also offering a range of comprehensive business services tailored to entrepreneurs.
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contact details
- support@tostartanllc.com
- +1 (646) 347-3833
- 1494 State St, Schenectady, NY 12304,
