Form an LLC in New York: A Complete Guide

1. Carry out a New York LLC search

You’ll likely have a business name in mind before you even begin the process of setting up your LLC. However, it’s important to do an LLC lookup to check that the name is not already taken. If your desired business name isn’t available, you can explore a DBA (Doing Business As) name option and use a different legal name.

3. Find a registered agent

Another important step during the LLC formation process is to appoint a registered agent. Having a registered agent is a legal requirement for businesses in the U.S., regardless of the state in which they operate. Without appointing a registered agent, you’ll be unable to officially register your business as an LLC, so it is essential that you do this prior to filing your articles.

4. Decide on a management structure

LLCs can operate different ownership and management structures. You can have a single-member LLC or multi-member LLC operating structure and then choose from a member-managed or manager-managed management structure. There are pros and cons to each type; it’s important you research each option thoroughly to ensure that you choose the one that is best suited to your long-term business goals.

5. Draft the operating agreement

After deciding upon an operating and management structure, you’ll likely have all the information you need to draft your operating agreement which sets out how you’ll run your business. It’s mandatory for LLCs to create an operating agreement in New York, as it protects your business interests in the event that there are any disputes between members or important decisions that need to take place.

Information to put in your operating agreement includes the following:

Basic company information like LLC name and business address

Ownership structure and how ownership is divided

Management structure and responsibilities of members/managers

Rules for transfer of ownership

... and additional information, such as profit and loss distribution and other provisions and procedures.

6. File the Articles of Organization with the Department of State

When you’re ready to file the Articles of Organization, your organizer should file the articles with the New York Department of State – this can be done either online or via mail. The organizer can be a member of the LLC, but this isn’t necessary as you can also appoint a third party to act as your organizer and ensure everything necessary is filed on time.

Why form an LLC in New York with Corporate Creations?

Online formation

Filing online directly with the New York Department of State is not a possibility; however, by working with us, we provide you with a fully online experience. You can send us all the necessary information digitally, and we’ll take it from there.

Limited paperwork

By handing over your formation to us, we’ll deal with the time-consuming paperwork on your behalf. By limiting the amount of time spent on paperwork, you can focus on other important business priorities as you set up your LLC.

New York LLC expertise

Each state differs slightly in terms of LLC formations. You’ll be supported by a team of experts who understand the nuances of setting up companies in New York, and who have previously dealt with the Department of State, ensuring your registration is seamless.

Outsourced support

Support doesn’t have to end with the formation of your business. You can continue to partner with us to support you with other business needs; we can serve as your trusted registered agent and oversee DBA renewals.

New York LLC FAQs

New York is an extremely desirable location to start an LLC despite the state’s high filing fees. By starting your business in New York you benefit from a strong economy, a range of potential investors, and a large talent pool. As your business grows, New York is a great place for your business to be based in due to its global influence which provides access to international markets.

While the fee to file the Articles of Organization is $200, there are a lot of other fees that come into play when starting an LLC in New York, such as appointing a registered agent, reserving a business name, and getting professional assistance with drafting the operating agreement. The cost can quickly add up, especially if working with multiple providers. Corporate Creations can assist with all aspects of your LLC formation and offers a simplified pricing plan.

To find out information about another business in New York, you can use the Corporation and Business Entity Database on the Department of State, Division of Corporations webpage. You can search for a business by its entity name, DOS ID, assumed name, or assumed name ID. While this database does show assumed name filings for businesses in New York, it’s not advisable to use the system to determine whether a business name is free since the accuracy of its data relies on the information provided to it. If you want to reserve a name or find out whether a business name is already in use, get in touch with Corporate Creations as we can assist.

LLCs in New York must file a biennial report every two years, on the anniversary of their formation month. Reports consist of basic information including the principal business address and the registered agent address. If you don’t file a biennial report, your LLC could be marked as past due, which can lead to non-compliance and eventual dissolution. To avoid facing the potential consequences of not filing, Corporate Creations can handle your biennial report filing requirements with our annual report services.

Form an LLC in New York

How to form an LLC in New York

1. Carry out a New York LLC search

2. Appoint an LLC organizer

3. Find a registered agent

4. Decide on a management structure

5. Draft the operating agreement

6. File the Articles of Organization with the Department of State