What it costs in New York.
Tick what you need. The state’s part is shown at cost.
Adds up as you tick.
How to form an LLC in New York.
The steps, in order, and what each one asks of you. We can file it in New York for you, with the registered agent for the first year.
The steps.
Step 1
Choose a name
It has to be different from the names already on New York’s records, and it has to include “LLC” or another ending New York accepts, such as “Limited Liability Company”.
Step 2
Decide whether to name a registered agent
New York does not require one: by law the Secretary of State receives legal papers for the company and forwards them to the address on the articles of organization. More on this below.
Step 3
File the formation document
File the formation document with New York’s business filing office. Its name varies: articles of organization in most states, a certificate of formation or of organization in others. New York charges a filing fee. It is shown at cost under What it costs in New York, on this page.
Step 4
Publish the notice
Most New York LLCs must publish a notice in two newspapers chosen by the county clerk, once a week for six weeks, then file proof within 120 days after the articles of organization take effect. The newspapers set their own charges. New York charges $50 to file the proof. These costs are separate from the formation charge.
Step 5
Sign an operating agreement
It sets out who owns the company and how it is run. It stays with your records and is not filed with the state. New York requires one.
Step 6
Get an EIN from the IRS
The EIN is the company’s federal tax number, and banks ask for it. The IRS issues it online, usually at once, when the responsible person has a Social Security number or ITIN and the company’s principal place of business is in the US. Otherwise it is Form SS-4 by fax or mail, which can take 4 to 8 weeks.
Step 7
Keep up with the ongoing filing
New York has a periodic filing for LLCs. Our page on New York names it and says who files, when it is due and what happens if it is late.
More on New York: changing agents, the ongoing filing and deadlines
A registered agent in New York is optional.
By law the New York Secretary of State is every LLC’s agent for legal papers, and forwards them to the address on the articles of organization. Some owners name a registered agent in New York anyway, so papers reach a person there.
More on New York: changing agents, the ongoing filing and deadlines