If you’re considering starting a business in New York, forming a Limited Liability Company (LLC) is a popular choice due to its flexibility and protection of personal assets. While it might seem daunting, the New York LLC registration process can be managed efficiently on your own with a bit of guidance. Here’s a step-by-step DIY guide to help you through the process.

1. Choose Your LLC Name

The first step in the New York LLC registration process is selecting a unique name for your LLC. The name must be distinguishable from existing entities registered in New York and include the words “Limited Liability Company” or abbreviations such as “LLC” or “L.L.C.” You can check name availability using the New York Department of State’s Corporation & Business Entity Database.

2. Designate a Registered Agent

Every LLC in New York is required to have a registered agent who will receive legal documents and official correspondence on behalf of the company. The registered agent can be an individual or a business entity authorized to do business in New York. If you choose an individual, they must be a New York resident or a person authorized to conduct business in New York.

3. File the Articles of Organization

To officially create your LLC, you must file the Articles of Organization (Form DOS-1336) with the New York Department of State. This document includes essential details such as the LLC’s name, county location, registered agent information, and whether the LLC will be managed by members or managers.

You can file online through the New York Department of State’s online filing system, or you can mail the completed form along with the $200 filing fee to:

New York State Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

4. Create an Operating Agreement

Although not required to be filed with the state, an Operating Agreement is crucial for your LLC. This internal document outlines the management structure, members’ roles, and operating procedures of the LLC. It helps prevent disputes among members and provides a clear framework for running the business.

5. Obtain an Employer Identification Number (EIN)

An EIN, also known as an Employer Identification Number, is necessary for tax purposes, opening a business bank account, and hiring employees. You can obtain an EIN for free from the IRS either online or by submitting Form SS-4.

6. Publish a Notice of Formation

New York State requires LLCs to publish a notice of their formation in two newspapers (one daily and one weekly) within the county where the LLC is located. The publication must run for six consecutive weeks. After the publication period ends, you must obtain an Affidavit of Publication from each newspaper and file a Certificate of Publication with the New York Department of State. The filing fee for the Certificate of Publication is $50.

7. Comply with Local Licensing and Tax Requirements

Depending on your business type and location, you may need additional local permits or licenses. Additionally, make sure you understand New York’s tax requirements. You might need to register for sales tax, unemployment insurance, or other state taxes through the New York State Department of Taxation and Finance.

8. File Biennial Statements

New York LLCs must file a Biennial Statement with the Department of State every two years. The statement updates the department with your LLC’s current information and can be filed online. There is a $9 filing fee.

Conclusion

While the New York LLC registration process involves several steps, taking a DIY approach can save you money and give you a solid understanding of your business’s legal structure. By carefully following these steps and keeping up with ongoing compliance requirements, you’ll be well on your way to running a successful LLC in the Empire State. If you encounter any issues or have specific questions, consulting with a legal professional can provide additional clarity and ensure everything is handled correctly.