Start Your LLC in New York

Select your filing state to get started:

Is this your first time forming an LLC?

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Have you started doing business?

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How It Works

How it works:

1.Choose your state of formation
2.Fill out the online application
3.Pay state fees
4.Receive your formation documents

The Process of LLC Application

Forming an LLC in New York sets your business up as a real legal entity that the state recognizes on its own. That separation is what creates the limited liability protection people are usually after when they pick this structure over a sole proprietorship or a general partnership. Your savings, your home, and the rest of your personal assets sit on one side of the wall, and the business sits on the other.

The actual filing is handled by New York Department of State, Division of Corporations. You give the agency the Articles of Organization, you name a registered agent with a New York street address, and you pay the state's filing fee. Once it's processed, your New York LLC is official. FormationHub takes care of the paperwork and the back and forth with the agency for you.

After you're approved, the work shifts. You can apply for an EIN, open a business bank account in the LLC's name, and start signing contracts as the company instead of as yourself. Most New York LLC owners also need to plan for the state's ongoing compliance, which we cover further down on this page.

New York LLC FAQs

Get answers to common questions about LLC formation

An LLC, or Limited Liability Company, is a business structure that separates you personally from your business. Owners are called members, and an LLC can have one member or many. Most small business owners pick it because it's simpler to run than a corporation while still giving you legal separation between you and the business.

The main reason people form an LLC is liability protection. If your business runs into debt or gets sued, your personal assets, including your home, savings, and car, are generally separate from the business. Only what's inside the LLC is on the line. The protection isn't bulletproof (you still have to keep business and personal finances separate and file properly), but it's a meaningful legal wall you don't get as a sole proprietor.

By default, an LLC is taxed as a pass-through entity. The business itself doesn't pay federal income tax. Profits and losses pass through to the members and show up on their personal returns, which avoids the double taxation a C-corp can face. LLCs can also elect S-corporation tax treatment if it fits the owners' situation. Talk to your tax advisor about which option works best for you.

Your total depends on New York's state filing fee plus the processing speed you choose. Before you pay, you'll see the full breakdown of state fee, our service, and any add-ons you select, so there are no surprise charges.

The core of the process is the Articles of Organization submitted to Department of State. You'll need a unique business name, a registered agent with a New York street address, and your business details. We collect everything we need through one online form and file it with the state on your behalf.

You'll spend about 5 to 10 minutes filling out our online form. We file with Department of State the same business day, usually within hours of your order. From there, the timeline is on the state's clock, and New York's processing time can vary depending on their current workload.

Yes, every New York LLC needs one. The registered agent must have a physical street address inside New York (P.O. boxes don't qualify), and that address can't be the same as your LLC's principal business address. The agent has to be available during normal business hours to accept legal mail. We can be your registered agent if you don't have a qualifying address.

Living in New York isn't a requirement. You can form a New York LLC from anywhere. What matters is that your LLC has a registered agent with a physical address inside New York. We can fill that role for owners who don't have one.

Once New York approves your filing, you'll receive a filed copy of your Articles of Organization, the official record that your LLC exists. You can also have us file your EIN with the IRS at the same time, so you're ready to open a business bank account as soon as your filing is approved.

New York does not require an annual report for LLCs; instead, LLCs must file a Biennial Statement with the Department of State every two years during the calendar month in which the original Articles of Organization were filed. We can handle that filing for you so it doesn't slip through the cracks. We'll remind you when it's due and submit it on your behalf.

New York doesn't legally require one, but every LLC should have an Operating Agreement. It defines ownership percentages, profit splits, management, and what happens when members leave or join. Most banks will ask for it when you open a business account. We offer a New York-tailored Operating Agreement that covers all of this. You can add it to your filing.

There's a short list of things most new owners handle next. You'll likely want an EIN from the IRS so you can open a business bank account and hire employees. Some banks ask for a certified copy of your Articles of Organization, which is different from the standard filed copy you'll receive from the state. The federal Beneficial Ownership Information (BOI) report isn't required right now, but the rule keeps changing, and we can file it on your behalf now if you'd rather get it out of the way. Every two years, New York requires you to file a report to keep your LLC in good standing. We can help with all of these.

FormationHub provides document preparation and filing services for business formations. We are not a law firm, accounting firm, or government agency, and we do not offer legal, tax, or financial advice. The information on this site is for general informational purposes only. Our service handles the preparation and submission of your LLC formation documents to the appropriate state authority on your behalf. FormationHub operates independently and is not endorsed by, affiliated with, or connected to any Secretary of State office or government body. We strongly recommend consulting a qualified attorney or tax professional for guidance specific to your situation.