How to Start an LLC in New York: Key Steps & Formation Costs 

LLC Dojo is reader supported. If you buy a product through links on the site we may make a small commission

Published:

Forming an LLC – or Limited Liability Company – is a great choice if you are starting a business.

An LLC provides legal liability protection, flexibility and potentially some tax advantages.

It is also useful for giving your business legitimacy, trust and an air of professionalism.

Forming an LLC in New York is a relatively simple and affordable process. We go through the main steps (and if you want to let someone else do it for you, see our recommendation below)

Industry leader
ZenBusiness LLC Formation

Form your LLC online with ZenBusiness for $49

  • Bargain price and includes registered agent service
  • Great customer service
  • Easy to use interface

How to Start an LLC in New York

  1. Choose a name for your business
  2. Designate a registered agent in New York
  3. File the articles of organization
  4. Create a New York operating agreement
  5. Apply for a federal Employer Identification Number

How Much Does it Cost to Form an LLC in New York?

Before we go through the step by step process to form an LLC in New York, we’ve set out the costs involved. These are the costs for filing online, sometimes paper-based filing incurs extra fees:

  • It costs $200 to file the Articles of Organization for an LLC in New York. It will take be created immediately if you file online or in 3-5 weeks if you file by mail. You’ll need a registered agent service in New York (this costs $99 a year with our preferred agent Zen Business)
  • Recommendation: You can get Zen Business to provide both your registered agent service (for one year) and file the required documents to set up for your LLC for $49 plus the New York fee. If you use Northwest, you can do this for $39 plus state fees.
  • The LLC is required to file an annual report or statement each year at a cost of between $25 and $4500.

How to form a New York LLC: A Step-by-Step Guide

Follow these steps to form your New York LLC yourself. If you choose to use one of our recommended LLC formation services, you’ll essentially go through the same steps but within their portal rather than via the business registry department within the state.

Step 1: Choose a Name for your Business

When you name your New York LLC, you’ll need to choose a name that:

  1. Is available for use in New York. You can check this using the business entity search on the New York Secretary of State’s website to make sure it hasn’t been taken.
  2. Meets New York’s naming requirements [link]
  3. Optional but recommended: is available as a web domain

Step 2: Designating a Registered Agent for the LLC in New York

Once you have chosen an available name for your business, you will need to appoint and maintain a registered agent in New York.

A resident agent is an individual or business entity responsible for receiving important tax forms, legal documents, notice of lawsuits, and official government correspondence on behalf of your business. 

The registered agent is your business’s point of contact with the state. A registered agent should be.

  • A resident of New York or a company registered to do business in the state. 
  • Available during normal business hours to accept service of process

We recommend using a national registered agent service to fulfil this function as they are reliable and flexible. See here for info on choosing a registered agent in New York.

ZenBusiness and Northwest are our preferred registered agent service providers. If you have opted to form your New York LLC with either of these providers, you will get your first year of registered agent service free anyway. See here for more info on the best registered agent services.

Step 3: Completing the Articles of Organization for the LLC

The Articles of Organization are what actually forms your New York LLC. These can be filed with the state via the New York Secretary of State’s website: [link]

If you are using an LLC formation service (we recommend either Incfile,  ZenBusiness and Northwest Registered Agent) you’ll do this through their portal.

ImageProductFeaturesPrice
Best value
Incfile LLC formation

Incfile LLC formation

Form an LLC with Incfile for FREE ($0)

  • Best price (free)
  • Includes one year of registered agent service free
  • Highly rated
9.6
Get the best deal
Best customer service
Northwest Registered Agent LLC Formation

Northwest Registered Agent LLC Formation

Form an LLC online with Northwest for $39

  • Very good value
    Excellent customer service
    Package includes full year of registered agent service
9.5
Get the best deal
Industry leader
ZenBusiness LLC Formation

ZenBusiness LLC Formation

Form your LLC online with ZenBusiness for $49

  • Bargain price and includes registered agent service
  • Great customer service
  • Easy to use interface
9.4
Get the best deal

To complete this you will nominate:

  • The LLC name (it will usually have to contain the words Limited Liability Company or LLC)
  • The business’ address
  • The registered agent’s address and contact details
  • The management structure (single member LLC or multiple member LLC)

The Articles of Organization are the key founding document for the LLC so please fill out these details carefully and factually when submitting them to the New York Secretary of State.

Step 4: Creating an Operating Agreement for the LLC

An operating agreement isn’t required in all states, but it is a good idea to create one anyway even if it is not a requirement.

An operating agreement is a legal document outlining the ownership and operating procedures of an LLC. 

Specifically, it sets out

  • Who the members of the LLC are
  • What proportion of the LLC each member owns and their voting rights
  • How the LLC will be managed
  • What capital contributions have been made and how future capital contributions will be handled
  • Distribution of profits and losses among the LLC members
  • The process for removing and appointing the LLC members
  • The process for dissolving the LLC

Step 5: Applying for a Federal Employer Identification Number

An EIN or Employer Identification Number is a nine-digit number issued by the Internal Revenue System (IRS) to identify a business for tax reporting purposes. 

You don’t need to obtain an EIN, but it is required to a) open a business bank account or b) hire employees, so most LLCs will require one. It is also needed in some cases for taxation purposes.

You apply for the EIN directly on the IRS website or by downloading the SS4 form. It is better that you use a proper physical address to receive the EIN (which comes in the mail) than putting down your registered agent’s address.

Your New York LLC is created!

Once you have completed these steps, you have finalized the creation of your LLC.

Forming an LLC in New York FAQs

What is an LLC?

LLC is short for Limited Liability Company. It is a simple and popular business structure that offers more flexibility than a traditional corporation while providing many of the same benefits including legal liability protection, flexibility and potential tax advantages. 

How do I Name My LLC?

Choose a name that meets the state’s requirements for naming and isn’t already taken and preferably can be obtained as a web domain.

How Much Does it Cost to Form an LLC in other states?

Most states charge between $50 (Colorado, New York, New York and others) and $100, but some some will charge up to $300 (Texas). Here is a list of the costs involved in forming an LLC in all 50 states.

Do I Need a DBA or Trade Name Too?

Not necessarily. Most LLCs do not need a DBA or Trade Name. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments and enter into contracts under that name. You would register a DBA in the event that you would like to conduct business under another name for branding purposes or some other reason.

Can I Be My Own Registered Agent?

You can, provided you have a physical address in the state in which you are forming the LLC that is attended during business hours. Most people prefer to use a reputable registered agent service to avoid this requirement to be there all the time. It also protects your privacy as the name and address of a registered agent is published on company filings and is publicly accessible.

Is A Registered Agent Service Worth It?

Using a national registered agent service such as ZenBusiness or Northwest Registered Agent is a convenient, simple, risk-free and affordable way to manage government filings for your LLC. 

What is the Processing Time to Form An LLC?

This ranges from one day to two weeks, depending on the state, but can usually be expedited and completed in a day or two as required. Here is a list of the filing times for creating an LLC in all 50 states.

What is the Difference between a Domestic LLC and a foreign LLC?

An LLC is referred to as a “domestic LLC” when it conducts business in the state where it was formed. A foreign LLC is the entity that you would form if you had an existing LLC that wanted to expand its business to another state.

Can I Get an ​​EIN if I Don’t have a Social Security Number?

This question arises with foreign investors who have LLCs but don’t have a SSN. An SSN is not required to get an EIN as you can just leave that section of the Form SS-4 blank.

Do I Have to Get an EIN for my LLC?

All LLCs with employees, or any LLC with more than one member, must have an EIN by order of the IRS (Internal Revenue Service)

.

Photo of author

AUTHOR

Rick Wallace
Rick Wallace is an investor who has established several LLCs in different states. He writes about starting businesses via LLCs including topics such as choosing a registered agent.