We’ve put together a free step-by-step guide on how to set up an LLC in New York. We want you to have a clear idea of how to set up and manage an LLC for your state. We’ve tried to make sure you have the information you need right at your fingertips. Each step has instructions and links to the sites for you to fill out the forms in the correct order. So, let’s set up your New York LLC right now!
A few points to remember before setting up your LLC in New York
When you set up an LLC in New York, you’ll need a few things before you get started. This section will help you get your checklist in order.
A Unique Business Name
Every business in the state must be unique. You’ll need to search for a New York LLC name. Go to Search our Corporation and Business Entity Database to make sure yours is not taken.
An LLC Designator
You must have an LLC designator in your name in one of the following formats.
- LLC (most common)
- L.L.C.
- Limited Liability Company
Now that you have your unique business name, it’s time to register it with the state of New York. Let’s get down to business.
A Registered Agent
In New York, the Secretary of State automatically acts as a registered agent for all LLCs. But you can choose another registered agent besides the Secretary of State.
In most states, a registered agent is a person or a company that accepts “Service of Process” for your New York LLC. A registered agent will receive any subpoenas, notices, and other legal, and tax documents sent to your business by the New York Department of Taxation and Finance. The Secretary of State will receive these documents before your chosen registered agent.
If you’re opening a business in New York but you aren’t a resident, you’ll need to get a registered agent in that state. The requirements for a registered agent are as follows:
An Individual:
- Must be 18 and be a resident of the state
- Must be authorized to do business in the state.
- Must have a physical street address located in New York
A Company
- Must be authorized to do business in the state
If you meet the above criteria, you can be your own registered agent. Or you can set up a friend or family member to be your registered agent.
You can also hire a commercial Registered Agent. A company that provides their name and address to receive legal documents from the state.
Hot Tip
The nice part of using a company is that their address is used instead of yours. As the business address will be public knowledge. By using a registered agent, you can protect and secure your own address.
Step 1: Register Your Business Name
To set up an LLC in New York you need to reserve your business name. This way during the process no one can steal the name of your company.
You’ll need to reserve your name by filing an Application for Reservation of Name to the Secretary of State by mail.
Your name reservation will be up to 60 days and the filing fee is $20.
Step 2: File Your Articles of Organization in New York
Setting up an LLC in New York is easy, especially for single-member LLCs. Just go to the Department of State Online Filing System. The online filing will get immediate approval.
You can just directly file the Articles of Organization even without a reservation. Easy peasy.
If you don’t want to file online, you can download and print out the Articles of Organization form from the same site and follow the mailing instructions. The mail file will be processed within 3 to 5 weeks.
Fees: In New York, the cost of setting up your LLC and filing the Articles of Organization is $200.
Step 3: Follow Your New York LLC Publication Requirements
All New York LLCs must publish a notice of formation in two newspapers, weekly and daily, for six successive weeks within 120 days of formation. The publication must be within the location of the business office or the registered agent’s office. Your county clerk will designate the approved publishing newspapers for you.
You must submit the Certificate of Publication to the Secretary of State along with the affidavits and the processing fee of $50.
Step 4: Complete Your New York LLC Operating Agreement
An operating agreement is a key document used by LLCs and partnerships. It outlines the business’ financial and functional decisions including rules, regulations, and provisions. This describes how your LLC will operate internally. For more information on operating agreements, you can check out the Small Business Administration’s article on basic operating agreements.
Hot Tip
You are not required to file an Operating Agreement with your state. But it may be vital to have it, especially if there are multiple members of your LLC.
Step 5: Get Your Federal Tax ID Number (EIN)
Once your New York LLC has been approved it’s time to get your Federal Tax ID Number from the IRS.
Your EIN is the social security number of your business. Keep it well protected. You’ll use this number to open bank accounts, file tax documents, apply for loans, and many other uses. It also protects your social security number when doing business with other businesses like merchant accounts, 1099s received, etc.
To apply for your EIN you can go to IRS EIN/Tax ID Application. Make sure you pick the correct Business Entity Type.
Quick Note
You can only file online if you have a Social Security Number (SSN) or Taxpayer ID (ITIN). Otherwise, you’ll have to mail in the forms and wait for the response. If you don’t have an SSN, on Form SS-4, where it asks for your SSN, ITIN, or EIN (line 7b), write “Foreign”. Your EIN application will then be approved without the need for having an SSN.
Step 6: File Your New York LLC Biennial Statement
Your New York LLC is required to file a biennial statement to keep your business in good standing. To file the Biennial Statement online, go to E-Statement Filing System.
The filing fee is $9 and is due every second year by the end of your LLC’s anniversary month.
Taxes, Permits, and Licensing in New York
To do business in New York you will need to file tax returns, and hold permits and licenses in your county or city.
New York LLC must apply for the necessary business licenses and or permits. This depends a lot on the type of business and the location of your business.
Aside from business licenses and permits, all LLCs must also pay appropriate taxes and meet obligations with the New York Department of Taxation and Finance.
Never miss a deadline
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Putting it All Together
Now that you can set up an LLC in New York online it shouldn’t take more than an hour or two to get up and running. The New York Secretary of State’s website is very easy to navigate and following the six steps above will help you get your talents and ideas to market faster.
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