New York LLC Requirements

Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a business or incorporating a business already in existence, you'll want to understand the state requirements for LLC formation.

Cost to form a New York LLC

At BizFilings, we clearly outline our fees and the New York state fees. When you view our pricing to form an LLC you plainly see:

• BizFilings’ package prices. BizFilings offers three incorporation service packages from which you can choose.
• State fee for standard turn-around. Our pricing clearly shows the state fee to incorporate in New York with standard turn-around.
• Expedited turn-around. You will see the BizFilings and state fee, if any, for expedited turn-around.
• 24-hour turn-around. New York has a 24-hour filing option, which is outlined in our pricing.
• Certified copy. Our pricing also clearly displays the BizFilings and state fee, if any, for issuing a Certified Copy of the Articles of Organization.

Form a New York LLC

New York LLC Name Requirement

The name of a LLC must end with "Limited Liability Company," "LLC" or "L.L.C." Accent marks cannot be used in the name. The name may not be the same as or confusing similar to that of any domestic or authorized foreign corporation or reserved name. The name may not contain any word or phrase indicating the corporation is formed for any purpose other than that included in its Articles of Organization.

Member/Manager information

The following are New York’s requirements for the members/managers of LLCs:

• Minimum number. LLCs must have one or more members/managers.
• Residence requirements. New York does not have a provision specifying where members/managers must reside.
• Age requirements. New York does not have age requirements.
• Inclusion in the Articles of Organization. Member/Manager names and addresses are not required to be listed in the Articles of Organization.

Requirements for the Articles of Organization

The document required to form an LLC in New York is called the Articles of Organization. The information required in the formation document varies by state. New York's requirements include:

• Registered agent. Listing the name and address of a registered agent is optional in New York. LLCs must, however, include the address to which legal documents, such as Service of Process, should be sent. The registered agent or person at the Service of Process address must be available during normal business hours.

Other filings required at time of incorporation

Some states require additional filings or steps at the time of incorporation, such as a county level filing, publishing notice of the LLC formation in a local newspaper or an initial report filing. New York requires the following:

• Publication requirement. New York requires LLCs to publish notice of the incorporation for six consecutive weeks in two newspapers as assigned by the County Clerk in the county of the LLC’s legal address. A Certificate of Publication should then be filed with the Department of State upon completion of the publication requirement.

Professional services businesses

New York allows professionals, such as accountants, attorneys and physicians, to form a professional limited liability company (PLLC).

After forming a limited liability company (LLC) , you must undertake certain steps on an ongoing basis to keep your business in compliance. These steps are also important in preserving the limited liability an LLC provides its owner(s). This guide outlines the ongoing requirements for New York LLCs.

New York LLC taxes and fees

The following are taxation requirements and ongoing fees for New York LLCs:

• Biennial report. New York requires corporations to file a biennial (every two years) report during the anniversary month of the incorporation. The filing fee is $9.
• Taxes. For complete details on state taxes for New York LLCs, visit Business Owner's Toolkit or the State of New York .
• Federal tax identification number (EIN). An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account.
• State tax identification number. New York does not require a state tax identification number.

Business licenses in New York

Business licenses and/or permits are required for most businesses. The BizFilings Business License Application Package can help you stay on top of these requirements.

Additional New York information

View the following additional resources BizFilings has for forming and maintaining companies in New York:

• New York Corporation Formation

Continue Your Research

• How to Select a State for Incorporation
• Understanding Incorporation Requirements
• What is a Registered Agent?

Explore BizFilings' Services

• C Corporation Formation Service
• S Corporation Formation Service
• Registered Agent Service
• Professional Corporation