Forming a New York LLC
(2025 Guide)
2025 LLC Guide
How to Start an LLC in New York (Step-by-Step Guide)
Discover how to start an LLC in New York, our step-by-step guide. Learn the essential requirements and process to form your business today.
To establish an LLC in New York, submit the Articles of Organization to the New York Division of Corporations. The fee is $200, and approval takes just 1 day. Here are the steps you need to complete:
Choose an LLC Name
Select the county for publishing your newspaper ads
Select a Registered Agent (optional)
Submit the Articles of Organization
Draft an Operating Agreement
Obtain an EIN
Publish your newspaper ads
File a Certificate of Publication
File a Certificate of Change (optional)
If you prefer to form your LLC on your own, follow our free guide below. For professional assistance, we suggest hiring Northwest Registered Agent.
What is the cost to establish an LLC in New York?
Starting an LLC in New York costs $200, with additional newspaper publication expenses ranging from $300 to $1,200. Additionally, there’s a $9 fee every two years for filing your LLC’s Biennial Statement. What are these charges for? The $200 fee covers the filing of the Articles of Organization, which is the document that establishes your LLC. The $300 to $1,200 expense is incurred to fulfill the Publication Requirement, which involves publishing ads in two newspapers. There’s also a $50 fee for filing your Certificate of Publication, which confirms that you’ve met the newspaper publication criteria. The $9 biennial fee is for the Biennial Statement, a filing every two years that maintains your LLC’s good standing. For further details on LLC costs, refer to LLC Costs in New York.
How long does it take to set up an LLC in New York?
If you choose to file your LLC by mail, it will be approved within 2-3 weeks, plus mail delivery time. However, filing online results in immediate approval. For any possible delays, please refer to How long does it take to get an LLC in New York.
Here’s how to establish an LLC in New York
1. Search Your LLC Name
Verify the availability of your LLC Name in the state. This is necessary because two businesses cannot share the same name within the state.
Begin by searching for your business name and comparing it with those already registered. Ensure your LLC Name stands out by using the Business Entity Database.
Additionally, acquaint yourself with the state’s naming regulations to secure approval for your LLC. More detailed information is available here: New York LLC Name.
2. Decide on Your Approach to the LLC Publication Requirement
In New York, newly formed LLCs must publish an advertisement in two newspapers. Initially, this requirement aimed to “notify the public” about the creation of a business. Although it may seem outdated, the law still mandates that new LLCs publish an ad in two newspapers for six weeks. One newspaper needs a daily circulation, while the other should have a weekly circulation.
The cost of these newspaper ads varies due to location, with some counties charging between $200 and $300. However, counties in the 5 boroughs might charge anywhere from $800 to $1,200. To reduce these costs, consider this strategy: If your LLC is in a costly county, hire a Registered Agent (we suggest Northwest) with an office in a more economical county, such as Albany. Use their address for your LLC filing, allowing you to publish your ads in Albany. Once the publication requirements are met, you can revert to your original address. This method can save you several hundred dollars, potentially up to $800, depending on your county’s costs.
To estimate your savings, contact your county clerk for the phone numbers of two newspapers (one daily and one weekly). Call both to request a quote and compare these costs to our “Savings Breakdown Table” (linked below). This comparison will help you decide whether to publish in Albany or another affordable county, or to simply publish in your current county.
Tip: Newspapers base their charges on ad length, so keeping it brief is beneficial. We offer a concise ad template for your use. Access it and the “Savings Breakdown Table” here: NY Publication Requirements (Part 1).
Important: You’re not publishing your ads in the newspapers yet. This step occurs after your LLC is approved by the Secretary of State’s office. For now, you’re only gathering price quotes to decide whether to use a Registered Agent in a less expensive county to meet the publication requirements, or to publish within your own county.
3. Select a Registered Agent (optional)
Your decision to use a Registered Agent in NY may depend on the cost findings from your county. For instance, if your county offers affordable rates, you can publish directly there without a Registered Agent, saving time and effort. However, if your county is costly, you can opt for a Registered Agent in a more affordable area, such as Albany, use their address for your filing, and publish there to cut costs.
What is a Registered Agent? A Registered Agent is an individual or business that receives legal documents and state notifications for your LLC. In New York, the NY Secretary of State acts as the default Registered Agent for all LLCs, but you can appoint a secondary Registered Agent and use their address to file in a less expensive county.
Possible Registered Agent options include:
– A friend or family member
– A Registered Agent Service
The Registered Agent for your LLC must have a physical street address in the state; PO Boxes are not permitted. Be aware that the Registered Agent’s name and address will appear on public records.
If you know someone in an affordable county, simply list them as the Registered Agent, use their address in your LLC filing, and publish your ads in that county to save the most money.
If you lack a contact in an affordable county and your county is expensive to publish in, consider hiring Northwest Registered Agent and publish in Albany. Alternatively, you can hire Northwest to form your LLC and manage the newspaper publication requirement for you. They charge an additional $375 for this service, which covers ad publication and the filing of the Certificate of Publication. You can select this option at checkout.
4. Submit Articles of Organization
Once you’ve chosen the county for publishing your newspaper ads and decided on using a Registered Agent, you’re ready to establish your LLC.
To create an LLC in New York, you must submit the Articles of Organization. This document is filed with the New York Department of State (Division of Corporations). The cost for filing the Articles of Organization is $200. This fee remains the same whether you choose to file online or via mail, and it’s a one-time payment for setting up your LLC. If you prefer handling this process yourself, check out our detailed guide: New York Articles of Organization. Alternatively, you can opt to hire a company to manage it for you.
5. Draft an Operating Agreement
An Operating Agreement for an LLC acts as a complementary document to the Articles of Organization. While the Articles of Organization establish your LLC, the Operating Agreement outlines the ownership structure. Some banks may require an Operating Agreement to open an LLC bank account. It is also beneficial in legal situations as it demonstrates that your LLC is being managed correctly. Therefore, we advise all LLCs, including Single-Member LLCs, to have an Operating Agreement.
Moreover, an Operating Agreement is an “internal document,” which means you are not required to file it with the state or the IRS (Internal Revenue Service). Simply retain a copy with your business records. You can download a free template below. Additionally, watch our step-by-step New York Operating Agreement video to learn how to complete it.
6. Obtain an EIN for Your LLC
The following step involves acquiring a New York EIN Number from the IRS for your LLC. Note: An EIN Number is also known as a Federal Tax Identification Number or Federal Employer Identification Number. An EIN is essential for:
identifying your LLC for tax purposes
opening a business bank account
applying for business licenses and permits (if needed)
How much does an EIN cost?
Obtaining an EIN Number from the IRS is entirely free.
How long does it take to get an EIN?
Applying online takes about 15 minutes. Applying by mail or fax can take 1-3 months.
How can I get an EIN?
US Citizens/US Residents: If you have an SSN or ITIN, you can apply for an EIN online. Follow these instructions: Apply for an EIN online.
Non-US Residents: While you can’t apply online, you can still obtain an EIN by fax or mail. Follow these steps: How to get an EIN without an SSN or ITIN.
7. Publish your newspaper ads (and obtain Affidavits of Publication)
Once your Articles of Organization are approved, you can proceed to publish your advertisements in two newspapers. Here’s what you’ll need to begin:
Date your Articles of Organization were filed (check the “Date of initial DOS filing” in the Business Entity Database)
Two newspapers to contact
Newspaper ad template
When you’re ready, follow the steps on this page: NY Publication Requirements (Part 2)
After your ads have been published for six weeks:
Each newspaper will send you an Affidavit of Publication and a newspaper “snippet” (a photocopy of the ad). These documents will serve as proof that the ads were published. You will then include these 2 Affidavits of Publication when filing your Certificate of Publication, which we will cover below.
9. File a Certificate of Change (optional)
If you advertised in a different county and wish to revert your address, you must file a Certificate of Change. This form has a $30 filing fee.
Important: Ensure your Certificate of Publication has been filed and you’ve received your Filing Receipt (confirmation of filing) before submitting a Certificate of Change.
Once you’re ready to modify your address, you can refer to our detailed guide for filing the New York LLC Certificate of Change.
8. Submit a Certificate of Publication
The goal of submitting a Certificate of Publication is to demonstrate to the state that you have fulfilled the publication requirements. (Ensure you possess the 2 Affidavits of Publication from the newspapers.) The Certificate of Publication must be submitted by mail, as there is no option for online filing. There is a $50 fee associated with filing the Certificate of Publication. We’ll guide you on how to submit this here: New York Certificate of Publication
After submitting your Certificate of Publication:
Once the New York Department of State approves your Certificate of Publication, you will receive a Filing Receipt. It may take between 1 to 3 months for your Filing Receipt to arrive.
What should I do after my LLC is approved?
After your LLC gets approved, there are a few more actions to take.
Open a Business Bank Account
Start by opening a dedicated business bank account for your LLC. This simplifies accounting and record-keeping for your business finances. Moreover, having a separate business account helps maintain your personal liability protection by keeping your business and personal finances distinct.
Get New York Business Licenses and Permits
While New York doesn’t require a state general business license, you might need a local license or permit based on your LLC’s location. For instance, starting a daycare may require a business license from the city or county clerk. More information can be found on our New York Business License page.
File Your New York LLC Biennial Statement
Every New York LLC is required to file a Biennial Statement every two years to remain in good standing. The filing fee for the Biennial Statement is $9 every two years. It is due by the end of your LLC’s anniversary month, biennially. For example, if your LLC was approved on January 10, your Biennial Statement is due by January 31 every two years. The first Biennial Statement is due two years after your LLC’s approval date. For instance, if approved on January 10, 2025, the first statement is due by January 31, 2027, and every two years thereafter.
Filing Your LLC Biennial Statement
The Biennial Statement can be filed online or by mail, though we suggest online filing for its simplicity. Follow our detailed guide here: New York LLC Biennial Statement.
Pay LLC Taxes
LLCs do not pay federal taxes themselves; instead, the members pay taxes on their personal tax returns. By default, the IRS taxes a New York LLC based on the number of owners: a Single-Member LLC is taxed like a Sole Proprietorship, while a Multi-Member LLC is taxed like a Partnership. Alternatively, you may choose for the IRS to tax your LLC as a C-Corporation or S-Corporation. Besides federal taxes, there are also state and local income taxes, as well as sales tax. More details are available in New York LLC Taxes.
Helpful Resources
Can I start an LLC online in New York?
Absolutely, you can establish your LLC online in New York. The filing fee for the Articles of Organization is $200, and your LLC will be approved immediately once submitted online.
What are the benefits of an LLC?
One major advantage of an LLC is the protection of personal assets. This means that if your business faces a lawsuit, your personal belongings—such as your home, vehicles, and savings—remain secure. This protection covers all LLC Members, whether you have a Single-Member or Multi-Member LLC. This safeguard is not available with Sole Proprietorships or Partnerships, making LLCs a more appealing business structure.
Another advantage is LLC pass-through taxation. The LLC itself does not pay federal income taxes; instead, profits are passed through to the Members, who then report the income on their personal tax returns. New York state income taxes align with this federal tax treatment. To learn more, see How are LLCs taxed.
Is New York a good state to start an LLC?
Whether New York is suitable for starting an LLC depends on your location and where you plan to conduct business. If you reside or operate in New York, it’s wise to start your LLC there. Some websites discuss tax benefits of certain states, but these don’t apply if it’s not your home state.
For instance, forming an LLC in Delaware while living and working in New York means you must register your Delaware LLC in New York, incurring additional fees and still paying New York taxes. This results in higher costs and complications. In summary, if you live and do business in New York, it’s a good state to start your LLC. Otherwise, it’s not. Exception: If purchasing real estate outside New York, form your LLC in the state where the property is located. For more details, see Best State to Form an LLC.
What is the difference between a Domestic LLC, a Foreign LLC, and a PLLC?
The key differences between these LLCs lie in their formation location and business purpose. A Domestic LLC is formed in the owner’s home state, where they live and work. For example, living and working in New York means forming a Domestic LLC in New York.
A Foreign LLC is created in a state other than the home state. Here, “foreign” indicates that the LLC is not native to its home state. For instance, if your business expands from New York to Florida, you’d register your New York Domestic LLC as a Foreign LLC in Florida. LLCs are state-level entities, requiring registration in each state where they operate.
What is a New York PLLC?
A Professional Limited Liability Company (PLLC) is an LLC designed for providing professional services that require special state permissions, such as licenses or certifications. Professions like architects, attorneys, social workers, doctors, and veterinarians typically use PLLCs. For more on PLLCs, including their requirements, see What’s a Professional LLC? For additional information on Foreign and Domestic LLCs, refer to: Foreign LLCs by State and Difference between Domestic LLCs and Foreign LLCs.
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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