How To Start an LLC in North Carolina
Form a New York LLC in seven steps: pick a name, appoint a registered agent, file Form DOS-1336-f Articles of Organization with the Department of State, create an operating agreement, obtain an EIN, complete the publication requirement, and obtain any required licenses and permits.
Starts at $0 + NY state fee and only takes 5-10 minutes
Last Updated: March 10, 2026
LLC requirements vary state by state, so it’s important that you are well-versed in New York laws before proceeding. Generally, it comes down to these steps:
You’ll first need to name your New York LLC. You’ve more than likely already given this some thought. Keep in mind that your LLC’s name can have big implications.
While you can always change a business name in the future, it’s best to pick one that will fit for years. You’ll want to pick a name that’s easy to remember and resonates with your customers.
New York State has laws for naming an LLC that you can find on the Department of State’s website. Here’s a rundown of what to know according to New York Limited Liability Company Law § 204. We’ll be highlighting points that may be considered most important:
After you’ve chosen a name, make sure it isn’t taken. If everything looks good and the name you’ve chosen is available, you’ll next want to reserve it while you get your LLC set up.
New York has a few additional requirements for professionals who are organizing as a professional LLC, or PLLC. For the most part, all of the earlier requirements we’ve mentioned for a standard LLC still apply. But there are some extra rules. For example, a professional LLC can use the designators “professional limited liability company” or “limited liability company” or one of their abbreviations (P.L.L.C., PLLC, LLC, or L.L.C.).
Your name should also uphold any requirements put in place by your regulatory agency. And note that New York state law says you can’t include the name of a deceased member unless their name was included in the name prior to their death, the name was part of a preexisting partnership or professional corporation, or your regulatory board permits the use of a deceased member’s name.
In New York, you can reserve an LLC name to ensure that it’s available for your use when you’re ready to officially form your LLC. Reserving an LLC name in New York involves a straightforward process to secure the name you desire for your future LLC. To begin, conduct a name availability search on the New York Department of State’s Division of Corporations website to ensure that your desired name is unique and available for reservation. Once confirmed, download and complete an Application for Reservation of Name form, providing accurate information regarding your proposed LLC name and your contact details.
Alongside your application, prepare the required filing fee, which is $20 as of this writing (fees may vary, so verify the current amount on the New York Department of State’s website). Submit your application, either by mail or through available online filing options, to the designated address indicated on the form. After processing, your name reservation will generally be valid for 60 days, with the option to renew for additional 60-day periods if needed. It’s crucial to monitor the reservation’s status and expiration date, ensuring that you retain exclusive rights to your chosen name while you prepare to formally establish your New York LLC.
You can learn more about reserving your LLC name on the New York Department of State website.
This is also the perfect time to think about how your business name will translate on the internet. A domain name is your website address and can be used for your company email address, too.
You’ll want your domain name to be as close to your New York limited liability company’s name as possible to easily identify yourself.
Once your New York LLC is registered with the state, you can do business under that name. However, if you plan to do business under a variation of that name or an entirely different name, you’ll need to file a Certificate of Assumed Name with the state.
An “assumed name,” also known as a New York DBA name, can be filed in New York for a fee, or you can let us file it for you. The state recommends that the assumed name document be completed under the guidance of an attorney.
Another thing to consider is trademarking your limited liability company’s name in New York. Although trademarking isn’t required, it can add an extra level of protection that prevents other businesses from using your name.
Trademarks can be registered at the state and federal level:
You should also conduct a trademark search to make sure the name you want isn’t already trademarked.
Appoint a registered agent for your New York LLC. A registered agent is a person or business that receives important legal documents like service of process (lawsuits) on behalf of your LLC.
In New York, the Secretary of State acts as the registered agent for every New York LLC by default. This is required by state law. However, you can add an additional registered agent in your Articles of Organization.
New York state law (NY LLC § 302) says that if you’re appointing a registered agent, the agent must be:
If you’d rather be your own registered agent, you can, but there are some things to consider.
In accordance with New York law, the Secretary of State is named as an LLC’s registered agent by default. However, if you’d like, you can name an additional one in your Articles of Organization. You can even name yourself as your LLC’s registered agent, but this responsibility may be best for someone else.
If your registered agent ever has to change their address, they’ll need to file a Certificate of Change of Address of Registered Agent in accordance with Chapter 4, Article 8, Section 805-A of the state’s Business Corporation Law. This is for domestic companies.
Knowing that the state will take care of delivering legal notices to you, why would you want to use a registered agent service like ours instead? Well, there are a few reasons:
File your Articles of Organization with the New York Department of State’s Division of Corporations, State Records, and Uniform Commercial Code.
Now that you’ve selected a name, you need to register your New York LLC. Filing your New York Articles of Organization certificate legally forms your LLC in New York. It provides the government with vital information about your business for the state’s records. The certificate acts as proof that your LLC was formed and exists as a business entity.
You can file your Articles of Organization online, and many would argue it’s easier and faster. In order to do this, you’ll need to create a NY.gov account on New York’s Business Express website and pay a $205 fee. If you’d prefer to do so via mail, that option is also available.
In order to complete the Articles of Organization for your New York limited liability company, you’ll need to include the following information:
Check out the state of New York’s official page for forming a limited liability company for more information.
If you’re forming a PLLC in New York, you’ll need to use a different form specifically for PLLCs. That form also asks you for the professional service you’ll be providing. To add these to the Articles of Organization, you must also attach a Certificate of Good Standing from the appropriate Appellate Division or a Certificate of Authority (Form PLS709) under seal from the New York State Department of Education, Division of Professional Licensing Services, Corporations Unit, 89 Washington Avenue, 2nd Floor, Albany, NY 12234.
In New York, you have the option to make your LLC either member-managed or manager-managed. New York LLCs are automatically member-managed unless otherwise stated in their Articles of Organization in accordance with New York Limited Liability Company Law Chapter 34, Article 4, Section 401.
A member-managed LLC simply means that the members participate in the operation and management of the company. In a manager-managed LLC, the decision-making authority is granted to a manager. This person or persons may or may not be members of the LLC.
It’s best to discuss this topic with a business attorney for a clearer understanding of how it works.
The average processing time in New York for an LLC’s Articles of Organization is typically seven business days. However, you can expedite this service for an additional fee with the Division of Corporations. The fee will depend on the processing time needed:
Payments must be made by check to the Department of State. Handling fees for expedited service are not required for online filing.
In accordance with New York LLC Law Chapter 34, Article 2, Section 203, an LLC is officially formed at the time that its Articles of Organization are filed with the Department of State or any later time specified in the Articles not exceeding 60 days from the date they were filed.
The state recognizes the Articles of Organization to be “conclusive evidence of the formation of the limited liability company as of the time of filing or effective date if later, except in an action or special proceeding brought by the attorney general.”
If they don’t need or want their company formed right away, some entrepreneurs select a future filing date in order to save time and money on biennial reports and tax filings by waiting until January 1 of the coming year. This is to avoid having to file taxes on the LLC in the current calendar year.
Draft an operating agreement to detail how your New York LLC will be organized and run. A New York LLC operating agreement (OA) is a legally binding document that all members of an LLC agree on and sign.
According to New York’s LLC law, your LLC operating agreement can be entered into by members before, at the time of, or within 90 days of your Articles of Organization being filed.
This agreement outlines the rules, regulations, and procedures of your business operations. New York is one of the few states that legally require an OA to be drafted for an LLC. New York does not require you to file an operating agreement with the state. However, you will be required by law to have an operating agreement for your records.
If dealing with more paperwork sounds like a chore, then consider a few benefits of having an OA:
If you’re wondering what to include in the OA for your New York LLC, you can start with the following:
You should also know that if you plan to dissolve the LLC, you’ll need to file Articles of Dissolution with the Department of State for a fee of $60.
If you happen to be the only owner of the LLC, you may think that an OA isn’t needed because, as the single owner, no one else will participate in the company’s operation. However, even if you’re the only owner, by law in New York, you still need to have an OA in place.
Along with the benefits mentioned above about having an OA, as a single member, you can lay out what’s to happen to the LLC if you die or become incapacitated and are the only member. You can grant ownership of the company to someone else or have it dissolved upon your death or incapacitation.
Your operating agreement should detail how a member will be removed from the LLC along with the reasons for doing so. If it’s to be put to a vote, detail any requirements. Be sure to also outline how the removed member’s share will be handled. Will it be absorbed by the other members or sold to a new party?
Your Articles of Organization will also need to be updated with a Certificate of Amendment, filed with the Department of State. Your operating agreement will need to be updated with the changes following the removal of the member.
Apply for an Employer Identification Number (EIN) to register your LLC with the federal government. You’ll have to do this with the Internal Revenue Service (IRS). An EIN is also known as a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number.
An EIN is like a Social Security number for your business. Every New York LLC with employees or more than one member will need this nine-digit number. An EIN is required for tax purposes and financial paperwork, including filing New York state taxes, hiring new employees, and opening company bank accounts.
You can get your New York LLC’s EIN through the IRS website, by mail, or by fax.
Lastly, you’ll need to meet New York’s publication requirement for LLCs. Once you’ve successfully filed your Articles of Organization, New York LLCs are required to publish a notice about the LLC’s formation within 120 days of the LLC’s effective date.
The notice must be published once each week for six consecutive weeks in two separate newspapers (one with daily circulation and one with weekly circulation). Newspaper designations are determined by the county clerk. The notice should include:
After the final run of the publication notice, each newspaper will provide an Affidavit of Publication, which will need to be included with the Certificate of Publication. The Certificate of Publication needs to be submitted with the appropriate state filing fees to the Department of State for its review. Once approved, the Certificate of Publication package is returned with the state’s stamp of approval.
Costs typically range from $600-$1200 when you combine the New York county fees, newspaper advertising rates, and certificate filing fees.
There’s a very good chance that your New York LLC will need at least one license or permit. But it’s not quite as simple as saying, “File this form with the New York Department of State.” For this step, you’ll need to do a little bit of research.
For starters, some LLCs need to get federal licenses. For example, a brewery and distillery in the Adirondacks would need to get a license from the Alcohol and Tobacco Tax and Trade Bureau since it would manufacture and sell alcohol. Meanwhile, businesses in aviation would need to get a license from the Federal Aviation Administration. If your LLC involves a heavily regulated activity, there’s a good chance you’ll need a federal license, but it’s your responsibility to research and know for sure. Some of these licenses repeat at the state level, too.
Next, you’ll have to check state-level licenses. Unlike some states, New York doesn’t have a general business license that applies to every single business at the state level. But you will need to get a Certificate of Authority from the New York State Department of Taxation and Finance; this certificate actually acts as your sales tax permit. You need a sales tax permit if you’re going to sell qualifying goods or services in the state; you have to get this at least 20 days before you start business.
You’ll also have to address local licenses at the county or city level. You’ll need to research if your city or county requires a general business license or other permits for your specific business type. For example, New York City has a lot of different requirements, such as street vendor permits, home improvement contractor licenses, and more (all administered by New York City’s Department of Consumer and Worker Protection. Meanwhile, the city of Buffalo requires licenses for bowling alleys, parking garages, and more.
You may need to get zoning permits, too. And if you’re working in your home, you may need to get a home occupation permit from your city or county. Ultimately, you’ll need to check with your local government to know what the requirements are in your area.
Last but not least, you’ll need to research licenses for your industry or profession. For example, massage therapists, midwives, interior designers, and other professionals all need to get professional licenses that are overseen by the education department’s Office of the Professions. The Division of Licensing Services also oversees professions like notary publics, barbers, and cosmetologists.
Long story short: you’ll need to do plenty of research to ensure you get all of the licenses that apply to your unique business — your unique industry, services, and business location.
If your business will be conducting sales that are subject to sales tax, then you’ll have to register with the New York Tax Department to obtain a Certificate of Authority. This certificate allows you to collect tax on these taxable sales. You can find more information on the state’s Department of Taxation and Finance website.
Once you’ve secured an EIN, you’ll be able to open a business bank account. It’s critical to separate your business and personal accounts since it sorts your finances come tax season. Using a single account for business and personal purposes can complicate your taxes and make it more difficult to differentiate yourself from your business.
The LLC model is one of the more popular ones due to its flexibility and tax benefits. LLCs are taxed as sole proprietorships if there’s only one member or as partnerships if there are multiple members. This can be an appealing feature because it avoids “double taxation.”
Double taxation involves paying taxes once at the business level and then again when income is paid to the company owners. LLCs can opt to be taxed as an S corporation (Subchapter S Corporation). Your LLC will still have pass-through taxation, and it can also offer the advantage of saving you money on self-employment taxes.
This allows you to be an “employee-owner.” You can split your income into your share of the company’s profits along with your salary. Doing this allows you to pay self-employment taxes on your salary but not your profits.
Two caveats of opting for an S corp status for your LLC are that this status is more difficult to get and you’ll catch some extra attention from the IRS, which has a tendency to scrutinize S corps closely.
You can find more tax-related information about New York S corporations on the state’s Department of Taxation and Finance website. As always, we encourage you to reach out to a tax professional for more information about how LLCs and S corporations are taxed.
Understanding the taxation of a New York LLC is crucial when setting up your business in the state. LLCs offer flexibility in how they can be taxed, making it essential to consider the most suitable tax structure for your specific situation.
Navigating the tax landscape for your New York LLC can be complex, and the choice of tax structure can significantly impact your financial responsibilities and benefits. To make informed decisions, it’s advisable to consult with a qualified tax professional who can assess your specific circumstances, help you understand the tax implications, and guide you toward the most tax-efficient approach for your LLC’s success.
If you’re thinking of forming an LLC in New York, there are actually a few different types available, each suited to different business needs.
If you’re a solo dreamer in the Empire State, then a single-member LLC might be a perfect fit. With this structure, you take charge as the sole owner while also enjoying the liability shield that LLCs offer. This is more secure than a sole proprietorship, which is another popular choice for solo entrepreneurs.
If you have one or more friends or family members excited to start a business with you, then a multi-member LLC could be a great way to team up with security. A multi-member LLC helps ensure each member’s input is valued while splitting profits, losses, and responsibilities according to the agreed terms.
A professional limited liability company (PLLC) is made for licensed professionals such as doctors, engineers, and attorneys. It provides liability protection while meeting professional licensing requirements. PLLCs do not shield members from personal malpractice claims but protect against claims made against other members.
New York does not allow a Series LLC option. A Series LLC consists of one main LLC under which other LLCs are formed. The main LLC controls the ones underneath it despite these entities being treated separately with their own assets and members.
Look no further than ZenBusiness for a fast and accurate LLC formation service. On top of helping you start your New York LLC, ZenBusiness can also help you run and grow it with our many business-friendly services.
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New York LLC FAQs
Starting a New York LLC begins with a $205 fee: $200 to file the Articles of Organization and a $5 paper copy fee. Remember that you’ll inevitably run into additional costs, like the costs of fulfilling the New York LLC publication requirements. Licenses, permits, certificates, trademarks, and more can also increase the cost.
Keep in mind that New York’s business formation fees can change, so stay up to date with the state’s requirements and prices.
LLCs are a very popular business model in New York for good reason. Forming one means you can enjoy the following:
For more information, read our guide about LLC protection in New York.
The typical processing time to process a New York LLC’s Articles of Organization is seven business days according to New York’s Business Express website. Expedited service is available, from same day processing to two-hour processing, for an extra fee.
If you decide to dissolve your New York LLC in New York, then you’ll be required to submit Articles of Dissolution with the Department of State. The articles must be filed within 90 days of deciding to dissolve or wind down service for your LLC.
In order to transfer ownership of your LLC in New York, you must detail in your operating agreement how this will take place. In general, you can transfer ownership of your LLC through two primary ways: a partial sale of your interest or a full sale of the company.
Other ways ownership can be transferred include the death of a member or the dissolution and reformation of the company. The state will also need to be informed if an ownership transfer occurs.
Yes, every New York LLC must file a New York biennial report with the Department of State every two years, as required by Section 301(e) of the state’s Limited Liability Company Law.
You aren’t required to have a business plan to form your New York LLC, but having one can be helpful. This plan can be used to outline how your company will be structured and what its short- and long-term goals are.
You should also consider including information about the LLC’s owners, any market research you’ve conducted, your marketing plan, an executive summary, and more. A business plan can also help you secure investors who’ll see that you’re serious about your business idea.
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.
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