Start a Free LLC in New York

How to Form an LLC in New York in 6 Steps

Starting an LLC gives a legal identity to your business. It comes by creating a permanent record through Articles of Organization. Know that this paperwork makes your personal information, such as the official business name, formation date, and registered agent address, public. To start a New York LLC, you will pick a valid business name and file your Articles of Organization. Next, you publish a notice in two newspapers for 6 consecutive weeks. Then you write an operating agreement. Non-mandatory steps include getting an EIN or opening a bank account.

New York has two steps most other states don’t: the publication requirement and a written Operating Agreement rule, so pay close attention to the steps below:

Step 1: Pick a Name for Your New York LLC

Choose a unique LLC name that doesn’t already exist. And do the following things before checking availability:

• Add the mandatory abbreviation such as "LLC" or "Limited Liability Company."
• Check whether it contains any restricted words, such as "bank" or "attorney," without approval from the appropriate state agency.
• Make sure it doesn’t have words that imply illegal activity or are offensive.

If you haven't chosen a name yet, create one using our free business name generator tool. List a few variations of your name so if your first choice is not available, you already have a backup.

Step 2: Appoint a New York Registered Agent

In New York, the Secretary of State automatically acts as your default service of process for your LLC at no cost. Any legal document or lawsuit notice gets sent to the Secretary of State, who then forwards it to the address you have on file. LLC owners may also designate an additional registered agent. If you'd rather have someone else forward your legal mail, New York's LLC law also allows you to name an additional Registered Agent. You can name yourself, a business partner, or a professional service as a point of contact.

Step 3: File Your NY Articles of Organization

File the Articles of Organization, also called Form DOS-1336, with the Department of State in any of the following ways:

• Online: File through the NY Department of State's e-Corp portal. This is the fastest method.
• Mail: Send the completed form and $200 filing fee to the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
• Fax: Send the form to (518) 474-1418, along with a Credit or Debit Card Authorization Form to cover the fee.

What Information You Need for Form DOS-1336

• Your LLC's name
• The county where your LLC's office will be located
• An address where the Secretary of State should mail legal documents
• Whether you're naming an additional Registered Agent (optional)
• The signature of the person filing the form

Step 4: Complete the New York Publication Requirement

New York is one of the few states that require new LLCs to publish notice of their formation before they're considered fully compliant. You must publish a copy of your original Articles of Organization (or a notice summarizing the required details) in two newspapers designated by the county clerk in the county where your New York LLC’s office is located. One newspaper must be a daily publication, the other weekly.
The notice must run once a week for six straight weeks. Once that's done, both newspapers will give you an affidavit of publication, which you attach to a Certificate of Publication and file with the Department of State for a $50 fee.

Step 5: Create a NY LLC Operating Agreement

New York has stricter operating agreement requirements than most states. State law requires every LLC to adopt a written operating agreement within 90 days after formation. Unlike some states that allow a verbal agreement, New York specifically requires a written one. You don't need to file your operating agreement with New York State. Just make sure every member signs it and then store it securely with other business records.

Points to add in a New York LLC operating agreement:

• Start with the general business information about your business. This includes business information such as the business address, member details, and LLC term.

• Specify LLC structure (member-managed or manager-managed) and outline the specific voting rights of members.

• Write the names and addresses of the members, their specific roles, and what percentage of ownership each member holds.

• State the current tax status of your LLC and mention the process to change the tax status in the future. Name which members have the authority to make those decisions in the future.

• List a clause on how membership gets transferred to a new member and how a member leaves.

• Provide clear instructions on business dissolution and how any remaining assets will be distributed.

Getting these terms in writing early avoids disputes down the road. Many owners choose custom operating agreements rather than drafting one from scratch.

Step 6: Get an EIN for Your New York LLC

The Internal Revenue Service issues a nine-digit number, called an EIN, to businesses that need it for federal tax purposes. This may include hiring employees, opening a bank account, and filing taxes in the U.S. You can apply for an EIN directly on the IRS website and get it for free in minutes. The application requires the following details:

• SSN or ITIN of the business owner
• Business name or any DBA names
• Mailing address
• Entity details
• Reason for applying

If you don’t have a Social Security Number, obtain an EIN by filing Form SS-4.

What Are the Post-Formation Requirements for a New York LLC

File New York Biennial Statement

Every two years, by the last day of the month your LLC was originally formed, you have to file a Biennial Statement with the Department of State confirming your business address and management information. The fee is $9. Filing this on time keeps your LLC in good standing; falling behind on it repeatedly puts your LLC at risk of losing that status.
If your LLC is taxed as a partnership (or is a single-member LLC), New York also charges a separate annual filing fee based on your LLC's gross income, ranging from $25 to $4,500. This is different from your $9 Biennial Statement fee.

Open a Business Account for Your LLC in New York

To open a dedicated business bank account, compare traditional banks, local New York credit unions, and online banking platforms. Check which options offer the best fees and features. You'll typically need your approved Articles of Organization, your written Operating Agreement, your EIN confirmation letter, and two forms of ID. Once it's open, run all your business income and expenses through that account to keep your books clean.

Apply for a Business License in New York

Depending on your industry and location, you may need city, state, or local licenses and permits. In New York City, for example, general vendors, restaurants, and certain service providers need permits through the Department of Consumer and Worker Protection (DCWP).
Some industries, such as salons, construction, food distribution, and professional consulting, also require state-level licensing through New York's Division of Licensing Services. And if you're selling taxable goods or services, you'll need a Certificate of Authority from the NY Department of Taxation and Finance before you open your doors.
If all that feels like a lot to track down, a business license research service can hand you the full list of the license that applies to your business.

How Much Does It Cost to Register an LLC in NY?

DIY vs. Swyft Filings: New York LLC Formation Differences

Starting an LLC in New York yourself is possible, but it requires time, research, and follow-up. Here’s how forming a New York LLC on your own compares with using Swyft Filings:

*Disclaimer: This guide provides general information about forming an LLC in New York and is not a substitute for legal, tax, or financial advice.*