New York LLC

How to Form an LLC in New York

Quick Start Guide ← you are here
This Quick Start Guide is a brief overview of how to form an LLC in New York.

Detailed Lessons:

 

New York LLC Costs:
New York state fee: $200
Certificate of Publication: $50
Newspaper fees: vary by county (read lesson 2)
Biennial Statements: $9, every two years

Need help?
Hire a reliable service to form your LLC:
IncFile ($49 + state fee) or LegalZoom ($149 + state fee)


How to Form an LLC in New YorkA New York Limited Liability Company (LLC) is a legal structure used to protect your personal assets (home, car, bank account) in the event your business is sued.

An LLC can be used to operate a business, or an LLC can be used to hold assets (such as real estate, vehicles, boats, or aircraft).

Forming an LLC in New York is simple. Search your New York LLC name in the state database, file your LLC Articles of Organization and pay the state filing fee ($200), then publish 2 ads to meet the NY Publication Requirement.

After your New York LLC is approved, file your Certificate of Publication ($50), complete your Operating Agreement, obtain a Federal Tax ID Number, and file your Biennial Statements.

We’ve created a free video course that will walk you through forming your own New York LLC, step-by-step.

On desktop, the video lessons are listed on your right. On mobile, the video lessons are listed at the bottom of the page.

Need to save time? Hire a reliable service to form your LLC:
IncFile ($49 + state fee) or LegalZoom ($149 + state fee)
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Matt Horwitz
Founder & Educator at LLC University

Forming an LLC shouldn’t be so complicated. Our step-by-step guide will make the process a breeze – and no complex legal jargon! We teach people how to form an LLC for free in all 50 states. We hope you find our free guides and resources helpful in your entrepreneurial journey.


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17 Comments

  1. AT January 18, 2017

    Hello

    I had accidentally input the wrong zip code for my registered agent while filing my Articles of Org. I am using Northwest, and the only thing wrong on it is that I wrote my home zip code by accident. Is this a problem? How would I remedy this if so?

    reply
    • Matt Horwitz January 18, 2017

      Hi Anisa, is the LLC already approved, or did you just recently mail in the forms?

      reply
  2. Rebecca Turnquist April 15, 2017

    We got our bill for almost $1300 when we formed our LLC in upstate NY. Does this seem high or is this average?

    reply
    • Matt Horwitz April 15, 2017

      Hi Rebecca, where did you receive the bill from? Is this from an attorney or a newspaper for publishing ads?

      reply
      • Rebecca Turnquist April 17, 2017

        It was from an attorney

        reply
      • Rebecca Turnquist April 17, 2017

        It was from our attorney

        reply
        • Matt Horwitz April 17, 2017

          Thanks. Curious, did it include the newspaper publication requirement (runnings ads, and filing the Affidavits of Publication with your Certificate of Publication)? Either way, that’s pretty standard for an attorney to handle the process. Hope that helps.

          reply
  3. Silas June 28, 2017

    I followed the steps for forming LLC from your youtube video for NY state Albany County. I received a confirmation email with the digital copy of the company certificate copy. Does that mean that I am all set and the company is formed successfully? Do they send any documents to me or my agent?

    reply
    • Matt Horwitz June 28, 2017

      Hey Silas, yup, you’re all set! The state will actually be emailing you your stamped and approved Articles of Organization. It arrives within a few minutes of filing online. Nothing is sent to the Registered Agent.

      reply
  4. Donovan July 20, 2017

    Thanks for your great videos.
    Do I need to file for a trademark with NYS before filing for my llc?

    What is the link to file my llc?

    reply
    • Matt Horwitz July 21, 2017

      If you want your trademark owned by your LLC (and not you), then you’d form the LLC first. Also, filing a trademark with the state only offers statewide protection (not national protection). If you want national protection on a trademark, you’d file with the USPTO. Either way, we strongly recommend working with an IP attorney. Regarding the online filing for LLCs in NY, visit this link: https://www.dos.ny.gov/corps/index.html, then look under “Select Links” in the right sidebar. Under “Online Filings”, click “LLC Formation”.

      reply
  5. Alice September 27, 2017

    Hello
    I am planning to start an LLC with a lengthy name. (like for example Alice wonderful Services llc) . But for my LLC email i will be using a shortcut of my LLC (for example ). For registration purposes in NY State, should i need to use both the names like Alice wonderful Services ( ( AWC ) LLC or can i use ONLY the Alice wonderful Services LLC to register and use the AWC.com as my company’s email address. If i register only the Alice wonderful Services LLC, will there be a chance that someone can register their company as AWC LLC after my registration.
    I am planning to apply for the government services as AWC LLC.
    In the paper advertisements do i need to advertise both the names?

    reply
    • Matt Horwitz September 27, 2017

      Hi Alice, there’s a few things going on here. First, the email address does not matter at all, so you can use anything you’d like. But more importantly, you can’t register with 2 LLC names (unless you filed 2 different LLCs). You’d have to either pick the long version or the short version. You can however, form an LLC with the long name (ex: “Alice Wonderful Services LLC”), and then file an Assumed Name for the short name/abbreviation (ex: “AWS”). But you cannot include the letter “LLC” in the Assumed Name since an Assumed Name and an LLC are two different things. You also cannot form an LLC called “Alice Wonderful Services LLC” and then apply for government services using “AWS LLC”, since you don’t own an LLC by the name “AWS LLC”. You can apply under your Assumed Name though (“AWS”). However, on a lot of government registrations, they’ll want both the full legal name (the LLC name) and any Assumed Names (also known as DBA or Fictitious Name). Further, if you form an LLC called “Alice Wonderful Services LLC”, then yes, someone else can form an LLC called “AWS LLC”. There is no way to control “Alice Wonderful Services LLC” and “AWS LLC” unless you formed 2 LLCs. Hope that helps.

      reply
  6. Richard October 16, 2017

    Matt,

    Thanks for all the valuable information your site has to give.

    If I form a LLC in New York and then move to Delaware, how difficult is it to move my LLC to Delaware? What needs to be done?

    Thanks,
    Rich

    reply
    • Matt Horwitz October 18, 2017

      Hey Rich, thanks for the kind words! When are you moving to Delaware? “Moving” the LLC is usually a pain in the ass, so let me know your timeframe and I should be better able to point you in the right direction. There are usually 3 ways to move an LLC: 1) Shut down NY LLC + form new DE LLC, then transfer assets, setup new bank account, get new EIN, and close account with NY Dept. of Revenue. 2) File Foreign LLC registration in DE. You’ll technically be operating a NY LLC in DE with this filing. 3) Domestication, which is filing a Certificate of Conversion along with a Certificate of Formation (filed at the same time), then dissolving your NY LLC later. But why setup a NY LLC only to shut it down/convert/transfer it so soon. You might drive yourself crazy. If your moving to DE relatively soon, it’ll be easiest/simplest to just form a Domestic LLC in Delaware. Hope that helps.

      reply
  7. Richard October 22, 2017

    Hi Matt,

    Thanks for your quick responce.
    I hope to have my New York house sold and be down in Delaware within the next 6 months.
    Will I need to set up a Foreign LLC in NY during the 6 months and if so how do I do that?
    I’m lost when it comes to this and would greatly appreciate any additional advice you can share with me.

    Thanks again,
    Rich

    reply
    • Matt Horwitz October 23, 2017

      Hey Rich, you should be okay to just set up a DE LLC and not worry about the NY foreign registration. It’ll be quite a hassle to file a foreign LLC in NY, meet their publication requirements (which takes a couple months), then cancel the foreign registration. Hope that helps. Let me know if you have any followup questions.

      reply

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