How to Form an LLC in New York

Step 1: Choose and check your LLC name

New York LLC names must include “Limited Liability Company,” “LLC,” or “L.L.C.” Search availability via the New York Secretary of State business search.

Step 2: Appoint a registered agent

Your New York LLC needs a registered agent with a physical street address in the state who is available during normal business hours to receive service of process. You can serve as your own agent if you reside in New York.

Step 3: File Articles of Organization

File Articles of Organization with the New York Secretary of State. The filing fee is $200. Online filing is available and is typically faster than mail.

Step 4: Get an EIN from the IRS

Apply for a free Employer Identification Number through IRS.gov. EINs issue immediately for online applicants with a US Social Security Number or ITIN.

Step 5: Draft an Operating Agreement

New York does not require LLCs to file an Operating Agreement, but having one is essential to preserve liability protection — especially for single-member LLCs.

Step 6: Comply with annual obligations

New York requires an annual report (or equivalent) costing $9 on a biennial basis. Set a calendar reminder; the late-filing penalty in most states is significant.

Step 7: Local licensing and permits

Check city and county requirements wherever your LLC operates in New York. Many municipalities require a local business license even for online businesses.

New York-specific notes

New York requires LLCs to publish notice of formation in two newspapers in the county of the principal office for six consecutive weeks; cost varies dramatically by county (cheap upstate, expensive in NYC).