Start an LLC in New York
Start a New York LLC by filing the Articles of Organization with the New York Secretary of State for $200 (plus publication fees). Use our free tool to do it yourself, or hire us and have your LLC filed with Privacy by Default® for $39. This includes a free domain name, web hosting, email address, phone line, brand protection, and a year of registered agent service.
Fill Out New York Articles of Organization
Use our free tool to fill out your New York Articles of Organization right here. We’ll walk you through it.
How to Start an LLC in New York
A Limited Liability Company (LLC) is a permanent public record. Starting one requires sharing personal information with the government, banks, landlords, vendors, and of course, customers. We provide a Free Business Identity to anyone who needs it—that’s a domain name, website, phone line, email address, and brand protection on day one. This helps protect your privacy and keep you in control of your intellectual property.
1. Name Your LLC
Choosing a name for your New York LLC is more than a legal requirement—it’s how people will recognize your business. A good company name should be clear, easy to remember, and flexible enough to grow with you over time. It’s also smart to check that your preferred name is available as a domain so you can secure a matching website and build a consistent online presence from the start.
Before deciding on a company name, make sure it meets New York requirements and is available. You can check name availability using the New York Secretary of State’s business entity search.
If you’re a licensed professional, such as a doctor, lawyer, or accountant, you may need to form a professional LLC instead. Learn more in our blog on Professional LLCs (PLLC) in the State of New York, or, if you’re an attorney, see Starting Your Own Law Practice in New York.
Reserve Your Name
To guarantee your preferred LLC name, check name availability first, then file an Application for Reservation of Name to reserve the name. You’ll submit the form to the NY Division of Corporations, along with a $20 filing fee.
Once approved, the state holds the name for 60 days. You can file an Application for Extension ($20) before the original reservation expires to extend it another 60 days.
File For a DBA
In addition to your LLC name, you may want a DBA (Doing Business As), which New York calls an assumed name. For example, a business’s LLC name might be Nico’s Italian Foods, LLC, but operates under the assumed name Nico’s Pizza. You’ll need to file a Certificate of Assumed Name ($25).
If you’d rather just change your LLC’s name instead, see How to Change the Name of a New York LLC.
Get a Trademark
Registering your LLC name in New York doesn’t grant you legal rights to the name. If another business decides to use your name, your legal options are limited unless you register a trademark.
You can trademark your LLC name within the state of New York by filing a New York Application to Register a Trademark, or protect your name nationwide by registering a federal trademark.
2. Register Your Domain
After choosing the name for your LLC, a good next step is locking down a domain name for your business website. Your domain name (URL) is the web address to your site.
Northwest is a Business Identity provider, which means you can get a domain name that matches your business name, website hosting, and a professional website, hosted and secured by us. Want to start talking to suppliers, advertisers, customers, and more? Set up business email addresses and a separate business phone number so you can protect your data and keep your communication professional. Plus, get brand protection to shield your personal info and help you maintain a credible, professional image.
3. Appoint a Registered Agent
In New York, the Department of State is automatically appointed as the registered agent for every LLC. This means that if your LLC is ever served with legal mail, the Department of State will accept it and forward it to your business. However, many LLCs appoint a second registered agent to be the business contact with the Department of State.
NY Registered Agent Requirements
According to New York law, a New York registered agent must be either:
- A New York resident or someone with a business address in New York
- An LLC or corporation authorized to do business in New York
You can appoint yourself as your own registered agent if you meet the requirements, but you’ll need to put your address on the public record and remember to update your address with the state any time you move.
Why use a registered agent service?
Even though the Department of State serves as the registered agent for all New York businesses, you should still consider appointing a second professional registered agent. Here’s why:
- Privacy. On your Articles of Organization, you’ll need to include an address where the state can forward service of process. This address will go on the public record and be easy to access online. If you hire a registered agent service, their business address will go on the public record instead of your personal address.
- Peace of mind. When a time-sensitive state or legal notice is sent to you, it’s important that you respond right away. Otherwise, you could face fines or other penalties. When you hire Northwest as your registered agent, you’ll receive instant notifications and same-day scans of all legal mail.
- Protecting your image. Hopefully your LLC will never be served with a lawsuit, but if it is, you don’t want it to happen in front of customers or colleagues. Having a registered agent discreetly forward your legal mail can help protect your business’s reputation.
4. File Articles of Organization
When you’re ready to officially create your LLC, you’ll submit NY LLC Articles of Organization with the DOS per NY LLC L § 203. You can file your Articles by mail, fax, in person, or through the Department of State Online Filing System.
The state filing fee is $200 (add $5 if using the paper form). Online filing has a slightly faster turnaround, and you’ll get an email of receipt from the state within minutes of submitting your filing.
Filing fees are just one piece of the puzzle. For a full breakdown of every cost you might encounter, see How Much Does it Cost to Start an LLC in NY?
Required Information for the Articles of Organization
Below is the information you’ll need to file your Articles:
Required:
- Company name. Must include Limited Liability Company, LLC, or L.L.C.
- County where the LLC is located. You’ll need to publish legal notice of your LLC in this county.
- Registered agent address. This is where the Department of State will send service of process.
- Organizer’s name, mailing address, and signature. Your LLC organizer is the person who files your Articles of Organization. This doesn’t need to be a member of your LLC. If you hire us, we sign here.
Optional:
- Email address
- Business purpose
- Management structure. Whether your LLC will be managed by its owners (member-managed) or by managers (manager-managed).
- Effective date. If you don’t want your LLC to become active immediately, you can add an effective date up to 60 days in the future.
- Dissolution date. Add a dissolution date if you want your LLC to dissolve on a fixed date in the future or choose perpetual if not.
- Liability statement. You may add a clause stating that the LLC will compensate members or managers for expenses connected to proceedings against the LLC.
Some of this info will appear on the public record. Your Articles ask for several different addresses, and it’s easy to mix them up. Our blog on How to Change Your LLCs Address in New York explains what each one is for and how to fix your registered agent address if you list it incorrectly.
Member-Managed vs. Manager-Managed LLC
In a member-managed LLC, all owners of the LLC (called LLC members) take part in running the day-to-day operations of the business. Alternatively, in a manager-managed LLC, the members hire one or more managers who oversee the business in exchange for compensation.
According to NY LLC § 401 (2022), a NY limited liability company is member-managed by default unless the Articles of Organization specifies that it will be manager-managed.
Expedited Processing Options
On average, the state’s regular processing time for Articles of Organization is seven days. If you’re in a rush, you can pay extra for expedited filing:
$25—Within 24 hours
$75—Same business day
$150—Within two hours of receipt
5. Publish in Two New York Newspapers
New York is one of just a few states that require LLCs to publish a newspaper notice after filing Articles of Organization. The New York publication requirement (per Section 206 of the NY LLC Law), requires that LLCs publish notice:
- In two newspapers (one weekly and one daily)
- For six consecutive weeks
- In the county where the principal business address is located
You must complete the publication requirement within 120 days of forming your LLC. You can publish either a copy of your Articles of Organization or a notice announcing your LLC formation.
Publishing timeline
After your notice has run for six weeks, the newspapers should mail you an Affidavit of Publication—proof that you’ve met the publication requirement. You’ll send the Affidavit of Publication to the Department of State, along with a Certificate of Publication and a $50 filing fee. You’ll also need to pay a publication fee to the newspapers themselves.
Publication cost
Publication fees vary depending on location. In New York City, publication costs around $1,000. While you must publish in the county of your principal office, you can save money by hiring us as your registered agent and using our Albany address. You’ll meet the publication requirement in Albany, where publication fees are about $100.
Publishing penalties
Wondering what happens if you don’t publish? Well, the state could penalize your business by automatically suspending your LLC’s authority to conduct business, or administratively dissolving your LLC altogether. So, even though the publication requirement is annoying (and pretty retro), it’s still important that you fulfill it.
6. Create an Operating Agreement
New York law requires LLCs to create a written operating agreement within 90 days of filing the Articles. An operating agreement is a contract between all members of your LLC that establishes the rules and structure of your business.
It’s a good idea to consult a lawyer before you finalize your operating agreement. Northwest offers free, attorney-drafted New York operating agreement templates you can use to get started.
What should I put in my operating agreement?
You can customize your operating agreement to meet your LLC’s needs, but there are a few subjects all operating agreements should cover:
- Allocation of profits and losses
- Initial investments
- Rules for adding or removing members (details on our How to Remove a Member from an LLC in New York blog)
- Voting rights and decision-making powers
- Rules for transferring LLC ownership
- Management structure
- Rules for handling dissolution
Planning ahead for dissolution can save you time and conflict later. When the time comes, our guide on How to Dissolve a New York LLC walks you through the process.
7. Get an EIN
An EIN (Employer Identification Number) is an IRS-issued tax ID number that most companies need. It’s sort of like a Social Security number for your business. Multi-member LLCs, LLCs taxed as corporations, and all businesses with employees are required to get an EIN.
You can apply for an EIN directly from the IRS for free. If you have a Social Security number, you can apply online and receive your EIN immediately. Without a Social Security number, you’ll need to submit Form SS-4 by mail or fax, or call (267) 941-1099 (international applicants).
If you’d rather skip the hassle, you can also hire Northwest to get your EIN.
8. File Your Biennial Statement
All domestic LLCs registered in New York are required to file a Biennial Statement, which is like an annual report but due every two years. The main purpose is to keep your LLC’s contact information current with the New York Department of State, including the address for legal document delivery and official mail. The filing fee is $9, and the statement is due by the end of your LLC’s anniversary month (the month the LLC was originally formed). Missing it can leave your LLC with a past due or “inactive” status, even if you’ve stopped doing business.
Note: This is separate from the beneficial ownership reporting required under the New York LLC Transparency Act for certain LLCs.
You can submit your filing online through the New York Department of State’s e-filing portal—or you can hire Northwest Registered Agent to handle your filing and make sure you never miss a deadline. Be sure to check out our New York Biennial Report guide for information on how to file.
Tip: If you’re unsure of your company’s formation date, you can search your company in the NY business entity database and check the Initial DOS Filing Date.
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