Filed with
New York Department of State, Division of Corporations
Document
Articles of Organization
Recurring filing
Every two years
- 01
Choose a name for your New York LLC
New York LLC name checker →The name must include "Limited Liability Company", "LLC" or "L.L.C.". It also has to be distinguishable from every business already on the New York register.
Check it against New York's naming rules with our name checker before you file.
- 02
Choose a registered agent
Every New York LLC needs a registered agent with a physical address in New York, available in business hours to accept legal papers and state notices.
You can be your own agent, but your address goes on the public record and you need to be there during business hours. A registered agent service keeps your home address off the filing.
- 03
File your Articles of Organization
New York Department of State, Division of Corporations →The Articles of Organization is the document that creates your LLC. It is filed with the New York Department of State, Division of Corporations, which accepts it online.
It names the LLC, its registered agent and address, and whether it is managed by its members or by managers.
- 04
Meet the publication requirement
Within 120 days after the Articles of Organization take effect, the LLC must publish the Articles or a notice of formation in two newspapers designated by the county clerk where its office is located, for six consecutive weeks, then file a Certificate of Publication with the affidavits of publication with the Department of State. Missing the deadline suspends the LLC's authority to carry on business until it complies.
- 05
Write an operating agreement
New York operating agreement rules and free generator →The operating agreement sets out who owns the LLC, how profits are shared and how decisions are made. It is not filed with the state, but banks often ask for it, and without one your state’s default rules decide disputes between members.
- 06
Get an EIN
An Employer Identification Number from the IRS is the LLC’s federal tax number. You need it to open a business bank account and to hire, and it is free from the IRS.
- 07
Open a business bank account
Keep the LLC’s money separate from yours from the first day. Mixing them is the most common reason courts set aside an LLC’s liability protection.
- 08
Get the licenses your business needs
New York business license lookup →Forming the LLC is not a business license. Check whether New York requires a state license, what your city or county requires, and whether your trade is licensed. If you sell taxable goods or services, register for New York sales tax too.
- 09
Keep your New York LLC in good standing
Compliance deadline tracker →New York LLCs file a Biennial Statement every two years. It is due every two years, during the calendar month in which the Articles of Organization were filed.
LLCs with New York source income, including single-member LLCs disregarded for federal tax purposes, file Form IT-204-LL and pay an annual filing fee to the Department of Taxation and Finance, due by the 15th day of the third month after the tax year ends, with no extension.
Worth knowing in New York
- Newspaper publication is usually the slowest step in forming a New York LLC, and the newspapers are chosen by the county clerk, not by the LLC.
- The Biennial Statement can be filed online through the Department of State's e-Statement service.
Or have it done for $399
We check your name, file your Articles of Organization with the New York Department of State, Division of Corporations and pay the state fee, act as your New York registered agent for the first year, get your EIN and write your operating agreement. One price, nothing else to buy.
Sources
Nearby states
Frequently asked questions
How do I start an LLC in New York?
Choose an available name, appoint a registered agent in New York, and file a Articles of Organization with the New York Department of State, Division of Corporations. Then write an operating agreement, get an EIN from the IRS and open a business bank account.
How much does it cost to form an LLC in New York?
New York charges a filing fee for the Articles of Organization. With StartGlobal the total is $399, with that fee included, plus your EIN, operating agreement and first-year registered agent service. See our New York LLC cost page for the yearly costs.
Does a New York LLC have to file an annual report?
New York LLCs file a Biennial Statement every two years. It is due every two years, during the calendar month in which the Articles of Organization were filed.
What is the Articles of Organization?
The document filed with the New York Department of State, Division of Corporations that creates your LLC. It gives the LLC's name, its registered agent and registered office in New York, and how it is managed.
Can I be my own registered agent in New York?
Yes, if you have a physical address in New York and are there during business hours. That address becomes part of the public record.
Does New York require LLCs to publish a notice?
Within 120 days after the Articles of Organization take effect, the LLC must publish the Articles or a notice of formation in two newspapers designated by the county clerk where its office is located, for six consecutive weeks, then file a Certificate of Publication with the affidavits of publication with the Department of State. Missing the deadline suspends the LLC's authority to carry on business until it complies.
