Forming a New York LLC
New York limited liability companies are formed by filing Articles of Organization with New York State Department of State. The filing process takes three to four weeks, although the state does offer filing in one business day for an additional fee.
PLEASE NOTE that New York requires every domestic and foreign LLC to publish a legal notice of its formation. This requirement is notorious for its cost, which increases significantly the closer you get to the lower portion of the state: greater NYC.
Name Identifiers and Abbreviations
The name of the New York limited liability company must end with one of the following words or abbreviations:
- Limited Liability Company
A formal Operating Agreement will help to protect your company’s limited liability status and prevent your company from being run by the default rules created by the state. Unlike most other states, New York mandates all LLCs to have an Operating Agreement.
Depending on the nature of your business, some additional filings may be necessary to complete the proper set-up of your LLC:
- EIN (tax ID) – available as an optional extra for non-US residents.
- Sales tax registration
- Payroll registration & business licensing
- Newspaper publication. We have an arrangement with our US agent which LLCs formed (or foreign qualified) by our company can save hundreds of dollars in publication costs, regardless of the county where their office is physically located.