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Before you start your New York LLC, learn how to look up your business name and make sure it’s available to use.
Division of Corporations: Search the name database
Search your desired New York LLC name against existing businesses in the state to make sure your LLC name is “distinguishable” (unique):
New York Division of Corporations: Business Entity Database
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(check out Northwest vs LegalZoom)
New York Division of Corporations
Phone: 518-473-2492 (Monday through Friday from 8:30am – 4:30pm)
Email: corporations@dos.ny.gov
Website: New York Division of Corporations
Contact: New York Division of Corporations – Contact info
Next Step: Publication Requirements
After you’ve found an available LLC name, you can then proceed to the next Lesson: Publication Requirements (part 1).
And check out TRUIC’s business name generator if you need help coming up with an LLC name.
How do I change my LLC name?
You can change your LLC’s name later by filing an Amendment form with the Secretary of State.
We have step-by-step instructions on how to change an LLC name in New York.
References
NY Division of Corporations: Business name availability
NY Senate (LLC Law): Section 204 – Limited Liability Company name
NY Division of Corporations: Application for Reservation of Name (optional)
NY Division of Corporations: Restricted or Prohibited Words and Phrases
NY Division of Corporations: Choosing a Limited Liability Company name
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
NEW YORK LLC GUIDE
Follow the lessons below to form your New York LLC.
Hi Matt,
Is there anyway I can form an LLC without listing my name? I read somewhere online mentioning setting up an anonymous trust.
Thanks,
CW
Hey CW, LLC owners (Members) aren’t listed on the NY LLC Articles of Organization. They are also not listed on the NY LLC Biennial Statements. If you want further privacy, you’d also want to hire a NY Registered Agent so you can use their address throughout the Articles of Organization and not yours. Furthermore, you’d want to hire a company to both form your LLC and file your LLC’s Biennial Statements. This way, someone else (besides you) signs the Articles of Organization as the LLC Organizer. And on the Biennial Statements, they sign as an Authorized Person (instead of you signing as Member). You will still be the 100% owner via the LLC Operating Agreement. Hope that helps.
the last step that the video was indicating to do going to LLC formation mines end up in three categorys (online filing for business owner )second one is (online filling for 3rd party non-service company filers) and there where the domestic business coporation (for profit )and domestic LLC company is at so im a bit puzzled cause in your video it not like that ,so what should i do ?
Hi Yoseo, the database search has since been redesigned. Are you still looking to search your LLC name? If so, you can refer to the general LLC naming rules. If you’re ready to form your LLC, we have those instructions here: New York LLC Articles of Organization. However, before you file the LLC, we recommend reading about the New York LLC publication requirement first. Hope that helps.
Hi Matt,
Thanks for the great video!
When I try to check my chosen LLC name, I don’t get a message saying that the name is not acceptable & I don’t get a new window with Articles of Organization form either. Instead, I receive the following message:
“The proposed entity name may not be acceptable for the reason(s) listed below. If after reading the WARN message(s), you determine that the name is acceptable, you may click the Save and Continue button to proceed with this filing. If you determine that the name needs to be revised, you may enter a new name above and click Save and Continue to proceed with the filing.”
However, there are no any WARN messages below this text, so I am confused. Does this mean the name is ok or not?
In addition, when I search for the same name but just removing one of the words from the name (which in my opinion would make the name less distinguishable), then I get the message “This name is accepted”.
Thank you again!
Hi Ivana, you’re very welcome! It sounds like you’re talking about the search feature built into the NY LLC online filing. However, we recommend searching the database as linked above on this page. This will help you determine if your New York LLC name is distinguishable. Hope that helps!
Hi, Matt.
Can you provide guidance on changing from a DBA to an LLC? I know it’s not a “conversion”, in the strictest sense of the word, but I’m not sure how to switch, for lack of a better word. Do I simply get a new EIN, follow the customary steps to form the LLC with the state, and then terminate the DBA? What about the funds in that dba bank account etc.?
Much appreciated.
Hey Ray, just to clarify, it’s more helpful to refer to your DBA as a Sole Proprietorship and not a DBA. The DBA is just a nickname for you (aka your Sole Proprietorship). We’ve written about this here: changing form Sole Proprietorship to an LLC. Also, don’t get an EIN until after your LLC is approved. Hope that helps!
I forgot to check the email me box
Hey Rick, you won’t be able to find an LLC until it’s on the state database.
In searching for an LLC name if it’s not yet formed how could it be in the data base?
Hi Matt, Hope you are well. I’m trying to check if a name is available for an LLC but it looks like the links have changed. If you can please let me know where I should search? Thank you for your help. +Elizabeth
Hi Elizabeth, the correct link is at the top of this page. Hope that helps.
Hi,
I’ve just submitted a full payment towards forming a multi member LLC (Be4ipo). Also my partners name was asked for in the beginning of the process, however after finalizing everything I do not see his information anywhere. I wanted to send him some kind of confirmation. I understand that the operating agreement determines all. Does that mean he does not need to show up here?
Thanks,
Henry.
Hi Enrique, LLC Members are not listed in the New York Articles of Organization. Where you saw your name was for the LLC Organizer. We recommend signing a Statement of LLC Organizer (you stepping down as Organizer and appointing you and your partner as the LLC Member) and signing an LLC Operating Agreement. Hope that helps.
I started an LLC in 2012, however I realized that I never followed through with the newspaper filings required by NY. I recently searched on NYS web site and there is a record record of the name and it shows it”s “Current Entity Status as is active. Any suggestions as to what to do??
Hi Neal, your LLC is technically not in good standing (although active), so you can take care of the newspaper publication requirement at any time. Once completed, the LLC will be in good standing. Hope that helps.
Hi Matt,
If one of the purposes for forming an LLC for a rental property is to limit the liability of the owner, why we have to transfer the deed from the owner to LLC? Let’s say if there’s some serious liability issue occurs in that rental property, and LLC get sued, would it affect that rental property which deed is under the LLC? I’m kinda confused…
Hi Sharon, in order to get the protection of the LLC, the asset must be owned by they LLC… hence the deed transfer. You have to “connect” the LLC to the real estate. And yes, the property is an asset of the LLC, so you’re correct. However, the purpose of the LLC is protect your personal assets… and any other business assets from that business/property owned by the LLC. Hope that helps.
Thank you so much Matt!
You’re welcome Sharon!
Dear Matt,
Thank you very much for all provided information and your help, we highly appreciate this!
Is it possible to set up an LLC if I’m a foreigner, I don’t have SSN? I would like to make some real estate investments and later will do some advisory work. If my real estate portfolio will be located in different states (FL, NY, CA) my LLC can be set up in FL for example? If I’m not currently based in US and don’t have permanent address in US, what should be done?
Thanks,
Clair
Hi Clair, yes, you can. There are no residency or citizenship requirements to forming an LLC in the USA. You’ll be doing business in the state(s) where the properties are located, so you’ll want to form the LLC their. For the EIN application, you won’t be able to apply online without an SSN or ITIN, however mail or fax Form SS-4 to the IRS. On line 7b, just write “Foreign” and you’ll be good to go. Hope that helps!