New York LLC

What is a New York LLC?

A New York LLC is formed by filing a Certificate of Formation with the Secretary of State and paying the appropriate filing fee. A New York LLC is governed by its Operating Agreement, which is written and agreed upon by its members, and which lays out the management structure of the company. Each member offers a capital contribution in return for an ownership percentage.

Learn more below about the structure of a New York LLC and how one is formed.

New York LLC Requirements

  1. New York Limited Liability Company Articles of Organization.
  2. State Filing Fee of $200.
  3. A Registered Agent located in New York. See our service here.
  4. Beneficial Ownership Information Report filing. Your report must be submitted after company formation starting January 1, 2024.

New York LLC Structure

NY Limited Liability Companies are structured legally with the New York Articles of Organization for a Limited Liability Company. Like many states, the document for an LLC is short and simple.

The required information to be listed:

  • Name
  • Location
  • Mailing Address
  • Filer’s Mailing Address

Name

The Limited Liability Company Law states that you must include “Limited Liability Company”, “LLC” or “L.L.C.” at the end of your LLC’s name in New York.

Location

The county within New York in which the office is to be located is to be stated on the NY LLC Articles of Organization.

Mailing Address

A mailing address where the Secretary of State can send a copy of process against the LLC.

Filer’s Mailing Address

The name, company name (if applicable), street, city, state and zip code of the LLC’s filer will be listed.

New York LLC Facts
The Form Articles of Organization
The Agency Department of State Division of Corporations
The Filing Fee $200
Our Fee $345 (includes registered agent)
Online Filing Yes
24 Hour Expedite $25
Additional Filing Newspaper Publication (2 Papers / 6 Weeks)
Biennial Statement Due Date Anniversary Month
Biennial Statement Fee $9

New York LLC Filing

Steps to Form a New York LLC:

  1. Choose a Name for Your LLC. An LLC name must be distinguishable from all other LLCs, corporations or partnerships already on file with the Department of State. Section 204 of the Limited Liability Company Act also prohibits various words and phrases from being used in an LLC name.
  2. File Articles of Organization. To form an LLC, file Articles of Organization with the Division of Corporations. There is a $200 filing fee. An LLC can be formed online through the Department of State website.
  3. Appoint a Registered Agent. Appoint a registered agent on the Articles of Organization to accept service of process and other important business mail on behalf of your LLC.
  4. Write an Operating Agreement. Members of the LLC should write an operating agreement either before or after filing the paperwork to form an LLC. The operating agreement should address the ownership and management of the company.
  5. Open Business Bank Accounts. Business accounts can be opened in the name of the company to handle the company’s monetary transactions.
  6. Publish Announcement in County Newspaper. LLCs in New York are legally required to publish an announcement in two local newspapers for six consecutive weeks declaring the formation of the company. The newspapers must reside in the same county as your business office.
  7. File Biennial Statement. After you form an LLC, a biennial statement must be filed every two years in the month of formation. If the LLC was formed in June, you file the biennial statement in June. There is a $9 filing fee.
  8. Submit Beneficial Ownership Information Report: You must a file a BOI report with the Financial Crimes Enforcement Network after formation, starting January 1, 2024. The BOI report is free to file and must be submitted online.

How Much Does It Cost to Publish in New York Newspapers?

When you form an LLC in New York, Section 206 of the NY LLC Law requires you to publish an announcement in two newspapers for six consecutive weeks. The newspapers must reside in the county where your business office is located. Prices vary from county to county and paper to paper.

If you hire Corporate Filing Solutions to form an LLC for you, we can take advantage of our location in Albany county. We can legally list our address as your business office location, and the notices can be published with two small circulation papers in Albany county. The fees are drastically less than what they would be in New York City.

The fee for publishing with the Albany newspapers is roughly $100 (varies depending on exact number of words).

New York Registered Agent

A New York registered agent must have a physical street address (not a PO box) where they accept service of process and important business mail on behalf of clients. This office must be open during regular business hours year round. When documents are signed for and accepted, they must be forwarded to clients in a timely manner.

Operating Agreement

When you form an LLC, you write an operating agreement to designate ownership of the company, the management structure, and the way the company will operate. An operating agreement should cover: initial members and their membership interest, voting rights, member responsibilities, management structure, how members can buy-in or sell-out, allocation of profits and losses, and annual meeting times and procedures.

How is an LLC Taxed in New York?

An LLC is a pass-through entity, and members pay taxes on profits on their personal income tax returns. The income tax rate in New York ranges between 4% and 8.97%.

Biennial Statement

LLCs must file a biennial statement every two years in the anniversary month of formation. If your company was formed in October, the statement is filed in October. There is a $9 filing fee.

Federal Beneficial Ownership Information Report Filing

As a newly-formed LLC, you’ll probably need to submit a Beneficial Ownership Information (BOI) Report to the Financial Crimes Enforcement Network (FinCEN). The BOI report provides the federal government with basic information about your LLC and the people with the most power over your business decisions and profits. Starting January 1, 2024, this report is due following company formation. This report is a little complicated, but we can make filing painless with our $25 BOI report filing service.

Why Hire Corporate Filing Solutions to Form Your New York LLC?

Starting your LLC in New York shouldn’t be a hassle or a time consumer. That’s why we offer Filings Made Easy™ to make starting an LLC in New York super easy.

Hire us and relax while our filing experts form your new New York LLC. Our staff will process orders the same business day as they are received. To make things even easier, we bundle the first year of Registered Agent service and ensure your New York LLC comes fully equipped and ready to do its job.

Start your LLC in New York and get Registered Agent service for as low as $55 a year.