Start a New York LLC with Form Wise
Starting a New York LLC is one of the best ways to structure your business and protect your personal assets while meeting state compliance requirements. Whether you’re building your business in New York City, Buffalo, or Rochester, Form Wise can help you navigate the process of forming a New York business quickly and accurately.
Why Start a New York LLC?
Forming a New York LLC gives your business liability protection, tax flexibility, and operational simplicity. A New York LLC separates your personal and business assets, so your personal property is generally protected from business debts and lawsuits. The LLC structure also allows for pass-through taxation, avoiding the double taxation that can occur with corporations. New York entrepreneurs also benefit from the LLC’s flexibility in management and minimal compliance burdens.
How to Start a New York LLC
Follow these steps to successfully form your New York LLC:
1. Choose a Name for Your New York LLC
Your New York LLC name must be distinguishable from other registered entities in the state and must contain “Limited Liability Company,” “LLC,” or “L.L.C.”
Apply now, pick a name and we will verify the availability!
2. Appoint a New York Registered Agent
Your New York LLC must designate a registered agent to receive legal and government correspondence on behalf of your business. In New York, the Secretary of State automatically acts as the registered agent for all LLCs, but you may also designate an additional agent to receive legal documents.
Get in touch with us and we will refer a Registered Agent!
3. File Articles of Organization for Your New York LLC
You must file Articles of Organization (Form DOS-1336) with the New York Department of State, Division of Corporations to legally form your New York LLC. This form includes the LLC’s name, county location, and a New York address for service of process and can be filed online through the state portal or through the mail.
You can file for a domestic LLC with Form Wise!
4. Complete the New York LLC Publication Requirement
New York law requires newly formed LLCs to publish a notice of formation in two newspapers (one daily and one weekly) for six consecutive weeks in the county listed in your Articles of Organization. After publication, your LLC must file a Certificate of Publication with the Department of State.
5. Create a New York LLC Operating Agreement
An Operating Agreement is required for all New York LLCs, whether single-member or multi-member. This internal document defines the structure of your LLC, including management responsibilities, ownership shares, and profit distributions. Although it is not submitted to the state, it must be adopted within 90 days of forming your LLC.
Contact us if you need help with your Operating Agreement
6. Get an EIN for Your New York LLC
A Federal Employer Identification Number (EIN) is required for your New York LLC if you plan to hire employees, open a business bank account, or file federal taxes.
Start processing your EIN online now!
7. Register for New York Taxes and Business Licenses
Depending on your industry and location, your New York LLC may need to register with the New York State Department of Taxation and Finance for sales tax, withholding tax, or other business-related taxes.
Additionally, certain New York businesses require local or state licenses to operate legally. Use the New York Business Express License Center to identify and apply for the necessary licenses.
8. File Biennial Statements for Your New York LLC
Every New York LLC must file a Biennial Statement with the New York Department of State every two years. This filing confirms your LLC’s contact information and ensures good standing with the state.
Need help with your Annual Filings and Reporting?
Staying Compliant with Your New York LLC
Keeping your New York LLC in good standing involves meeting ongoing requirements like publication filings, biennial statements, tax registrations, and license renewals. Failure to meet these obligations can result in penalties or administrative dissolution of your business. Form Wise offers compliance tools and reminders to help your New York business stay on track.
Start Your New York LLC with Form Wise Today
Starting a New York LLC is a smart way to protect your assets, gain flexibility in how your business operates, and position your brand for growth. Let Form Wise guide you through each step of the formation process—from filing with the state to meeting the unique publication requirement—so you can launch your New York business with confidence.
Choose Form Wise to help you form your New York LLC and take your next big step in the Empire State.
