How to Start an LLC in New York: 2026 Guide

How to Form an LLC: Step-by-Step

1. 1

   Choose Your New York LLC Name

   Select a unique name ending with 'LLC' or 'Limited Liability Company'. Check availability using the New York Department of State's business search tool. Your name cannot be identical to existing entities registered in New York.

   Pro tip: Reserve your chosen name for 60 days by filing a Name Reservation form for $20 if you're not ready to file immediately.
2. 2

   Appoint a New York Registered Agent

   Designate someone to receive legal documents on behalf of your LLC. This can be yourself, another person, or a professional service with a New York address. The agent must be available during business hours and have a physical address in New York.

   Pro tip: Using a professional registered agent service protects your privacy and ensures you never miss important legal notices.
3. 3

   File Articles of Organization

   Submit your Articles of Organization to the New York Department of State along with the $200 filing fee. You can file online, by mail, or in person. Include required information like your LLC name, registered agent, and management structure.

   Pro tip: Filing online is fastest and provides immediate confirmation of submission.
4. 4

   Create an Operating Agreement

   Draft an operating agreement outlining ownership percentages, member responsibilities, and management structure. While not required by New York law, this document prevents disputes and provides legal protection for multi-member LLCs.

   Pro tip: Even single-member LLCs benefit from operating agreements to maintain liability protection and establish business legitimacy.
5. 5

   Obtain an Employer Identification Number (EIN)

   Apply for an EIN from the IRS, even if you don't plan to hire employees. This free process can be completed online and takes just minutes. You'll need this number to open business bank accounts and file taxes.

   Pro tip: Apply for your EIN directly through the IRS website to avoid third-party fees.
6. 6

   Open a Business Bank Account

   Separate your personal and business finances by opening a dedicated business bank account. Bring your Articles of Organization, EIN confirmation, and operating agreement to the bank. This step is crucial for maintaining your LLC's liability protection.

   Pro tip: Shop around for business banking packages that include free checking and low transaction fees.
7. 7

   Obtain Business Licenses and Permits

   Research industry-specific licenses and permits required for your business type. New York may require state licenses for certain professions, and local municipalities may have additional permit requirements. Check with the New York Business Express portal for guidance.

   Pro tip: Start the licensing process early, as some permits can take several weeks to obtain.