How do I register an LLC?

How to Register an LLC in New York

Registering a Limited Liability Company (LLC) in New York involves several key operational steps. Following these steps carefully ensures compliance and smooth business setup.

Step 1: Choose a Name for Your LLC

• Unique and Compliant: The name must be distinguishable from other registered businesses in New York and include “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.”
• Check Availability: Use the New York Department of State’s Corporation & Business Entity Database to verify name availability.

Step 2: Designate a Registered Agent

Your LLC must have a registered agent with a physical address in New York. This agent receives legal and official documents on behalf of the LLC.

Step 3: File Articles of Organization

• Prepare and Submit: File the Articles of Organization (Form DOS-1336) with the New York Department of State, Division of Corporations.
• Filing Methods: You can file online, by mail, or in person.
• Filing Fee: As of 2026, the filing fee is $200.

Step 4: Publish a Notice of LLC Formation

• Publication Requirement: New York requires LLCs to publish a notice of formation in two newspapers (one daily and one weekly) for six consecutive weeks.
• County Specific: The newspapers must be designated by the county clerk of the county where the LLC’s office is located.
• Proof of Publication: After publication, obtain affidavits of publication from the newspapers and file a Certificate of Publication with the Department of State.
• Filing Fee: The Certificate of Publication filing fee is $50.

Step 5: Create an Operating Agreement

Although not filed with the state, New York requires LLC members to adopt a written Operating Agreement within 90 days of formation. This document outlines management structure, member roles, and operational procedures.

Additional Operational Considerations

• Obtain an EIN: Apply for an Employer Identification Number (EIN) from the IRS for tax and payroll purposes.
• Register for State Taxes: Depending on your business activities, register with the New York State Department of Taxation and Finance for sales tax, withholding tax, or other applicable taxes.
• Business Licenses and Permits: Check local city or county requirements for any additional licenses or permits needed for your industry.
• Recordkeeping and Compliance: Maintain accurate records of filings, operating agreements, and annual reports to stay compliant.