Start LLC
New York · State guide

Start an LLC in New York.

A calm, plain-English walkthrough of every step — with state fees, form names, and the small stuff nobody warns you about. Read it once, and you'll know more than most.

~12 min of reading · 5–7 days state processing

TL;DR

To start an LLC in New York, file Articles of Organization with the New York Department of State, Division of Corporations and pay the $200 state filing fee. Most online filings are approved in 5–7 business days. You'll also need to appoint a registered agent with a New York street address, pick a name ending in "LLC" that's not already taken, and — after approval — get a free federal EIN from the IRS.

After that, New York requires an annual report each year by the biennial due date ($9). Miss it and you owe a state-imposed late fee. Doing it yourself costs the state filing fee — $200. If you'd rather hand it to us, we file it for you at $49 flat on top of the state's $200. New York has a quirk that catches almost everyone off guard: within 120 days of forming, you have to publish a notice in two newspapers for six consecutive weeks. In New York County (Manhattan) that can run $1,500+. In rural counties, maybe $300. We always flag this before anyone commits to NY as their formation state.

What it costs in New York

The honest numbers, up front. New York's state fee is in the middle of the pack — not the cheapest, not the worst.

State filing fee
$200
Paid to the State of New York
Our filing service
$49 flat
Optional — you can file yourself
Annual report
$9
Once every two years

If you file yourself, you'll pay $200 to the state and spend about an hour on the paperwork. If you'd rather we handle it, it's a flat $49 on top of the state's $200 — so $174 all-in, no upsells. Either way, the state is who approves the LLC; we just fill in the forms faster.

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Our take

New York's $200 is reasonable. Where people get burned is the state-imposed late fee if you forget the annual report. The day you form, put a calendar reminder on a reliable date each year for life. You'll thank yourself.

The four steps, in order

This is the whole thing. Nothing is hidden behind a paywall on this page.

  1. 1

    Pick a name and make sure it's free

    Search New York's NY Division of Corporations database to make sure your name isn't taken. It has to end in "LLC," "L.L.C.," or "Limited Liability Company." More on naming below.

  2. 2

    Appoint a registered agent

    Someone (you, a friend, or a service) with a New York street address who agrees to receive legal mail during business hours. You can be your own registered agent for free.

  3. 3

    File the Articles of Organization

    It's a one-page form (Form L-LLC on NY Division of Corporations). $200. Submit it online and you'll usually hear back in 5–7 business days. Or click "File for $49" and we'll do it.

  4. 4

    Get your free EIN and write an operating agreement

    After approval, grab a free EIN from the IRS (10 minutes, online) and draft a quick operating agreement. New York doesn't technically require one, but your bank will.

Member-managed or manager-managed?

On the Articles, New York asks whether your LLC is member-managed or manager-managed. If that sentence made you glaze over, you're not alone. Most single-owner and small-partner LLCs pick member-managed — it means the owners run the company. Pick manager-managed only if you have passive owners (investors) who won't be involved day-to-day.

Picking (and protecting) your LLC name

New York's rules are friendlier than most — but here's what to avoid, and how to reserve a name if you're not ready to file yet.

The rules

Your name must include "LLC," "L.L.C.," or "Limited Liability Company." It has to be distinguishable from every other New York business entity — which is stricter than "not identical." "Sunshine Coffee LLC" and "Sunshine Coffees LLC" may be too close; the state will bounce it back.

How to check availability

Search the name on dos.ny.gov. If no active business shows up, you're probably clear. Then grab the matching domain (even just a holding page) and the matching social handles. Do that before you file — it's not uncommon for someone to register a conflicting domain the day after your LLC goes public.

Not quite ready? You can reserve a New York name for 120 days by mailing in a name reservation form with a small fee. Most people skip this — just file the LLC when you're ready.

What a registered agent actually does

It sounds like a bigger deal than it is.

A registered agent is a person or company with a street address in your state who agrees to accept legal papers — lawsuits, state notices, tax letters — on behalf of your LLC during business hours. That's it. It's an address and a willingness to sign for mail.

Can you be your own?

In New York, yes, as long as you have a New York street address (no P.O. boxes) and you're available during business hours. Most single-owner LLCs do exactly this for free. You sign the Articles' registered agent consent line and you're done.

When is it worth hiring one?

When you don't want your home address on the public record, when you're often out of the state, or when you just don't want to worry about missing a signed-for envelope on a Tuesday. Commercial services run $100–$200 a year. We can be yours — flat $99/year, no lock-in — or pick anyone you want. The registered-agent guide walks through how to choose.

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Our take

Be your own for the first year if your home address is acceptable. You can switch to a paid agent later by filing a quick amendment — no harm done. Don't let a $150/yr service be the thing holding up your filing.

Getting your EIN (for free, from the IRS)

This is the part where a lot of people get upsold. Here's the truth: the EIN is free, and it takes about ten minutes.

An EIN — Employer Identification Number — is your LLC's federal tax ID. You'll need it to open a business bank account, file taxes, or hire employees. You can only get it after your LLC is approved by New York.

  1. 1

    Wait for your LLC approval email

    The IRS will ask for your LLC's legal name and formation date — both of which come from your New York approval.

  2. 2

    Apply online at irs.gov

    Search "IRS EIN application." It's free. Sessions time out at 15 minutes, so have your info ready (legal name, address, responsible party's SSN, member count).

  3. 3

    Save the confirmation letter

    You'll get a PDF at the end (Form CP 575). Save it — your bank will ask for it when you open your business account. The IRS won't re-issue it easily.

Non-US resident? The online form needs a Social Security Number. If you don't have one, you'll file Form SS-4 by mail or fax instead. Slower, but free and doable.

Writing an operating agreement

New York doesn't technically require one. Your bank and your future self both will.

An operating agreement is an internal document that spells out who owns what percentage, how decisions get made, how profits are split, and what happens if someone leaves. For a single-member LLC it's mostly a formality — but banks increasingly ask to see one before opening a business account, and it's cheap insurance if you ever add a partner.

What yours should cover (minimum)

Ownership percentages · Capital contributions (who put in what) · Distribution rules (how profits are paid out) · Management structure (member vs. manager) · Voting rules · What happens if a member wants out · Dissolution procedure.

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Our take

If you're a single-member LLC, a 2-page template is fine. Two or more owners? Spend an afternoon on it, and if anything feels unclear, a one-hour call with a small-business attorney is money well spent. Ambiguity in partnerships is where most disputes come from.

Keeping your LLC in good standing

Annual reports, record-keeping, and the deadlines you cannot miss.

The New York annual report

Every year, during the annual filing window, New York requires you to file an annual report through NY Division of Corporations. It confirms your registered agent, address, and members are still current. It costs $9, and it's non-negotiable.

Due date
the biennial due date
Annually, no extensions
Fee
$9
Paid to NY Division of Corporations
Late penalty
+ late fee
Triggered May 2 at midnight
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Our take

Seriously, put the date you pick on your calendar now. That late fee is one of the easiest painful mistakes to avoid. If you miss it long enough, New York will administratively dissolve your LLC — which is worse than the fine.

Other things to keep current

Update your registered agent within 30 days if it changes. Keep your operating agreement up to date if ownership shifts. And save every piece of paperwork the state sends you — you'll want it for your accountant each April.

New York LLC questions we get a lot

Is New York a good state to form my LLC in?

If you live in New York, yes — always form in the state where you actually do business. If you don't live in New York but heard it's "tax-friendly," be careful: you'll owe foreign-qualification fees in your home state, which usually cancels any savings. File where you live.

Can I form an LLC in New York if I don't live there?

You can, but you'll need a New York registered agent with a New York street address, and you may need to register as a foreign LLC in your home state too. It's rarely the smart choice for most small businesses.

How long does approval really take?

Online filings through NY Division of Corporations are typically approved in 5–7 business days. Paper filings take longer, sometimes 4–6 weeks. If speed matters, file online.

Do I have to pay New York state income tax?

New York has no personal income tax, and standard LLCs are pass-through entities — so profits hit your federal return but not a New York individual one. New York does have a corporate income tax that can apply if you elect corporate taxation, which most small LLCs don't.

Flat pricing · $49 + state's $200 = $174

Ready to file in New York?

One short form, we handle the NY Division of Corporations submission, and you get a stamped certificate in your inbox in 5–7 business days. No upsells, no payment until we email to confirm.

Our filing service$49
New York state filing fee$200
All-in$174
Prefer someone else to handle it fully? Full-service LLC formation (filing + EIN + operating agreement + a year of registered agent, all bundled) exists for founders who want white-glove. It's not us — we're the DIY-friendly version. If that's what you want, search around; we won't send you somewhere just to collect a referral.