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New York LLC Formation

Created by FindLaw's team of legal writers and editors.

Starting a business involves a lot of decision-making. But probably one of the first -- and most important -- decisions is determining what type of business to form. The types of business structures available to you are based on state laws, but generally include sole proprietorships, partnerships, corporations, and limited liability companies (LLCs).

Each type of business has a variety of advantages and disadvantages. For example, while a sole proprietorship is the easiest to start, it also leaves the owner exposed to personal liability for the business. In contrast, a corporation protects the owner(s) from personal liability, but involves complicated paperwork that must be filed with the state government. In addition, corporations must observe various formalities in order to maintain their corporate status.

An LLC can be described as a hybrid of these two types of business, which is the reason this business structure is popular among small businesses. Read on to find out how you can form a New York LLC for your business.

Forming an LLC in New York

In order to form an LLC in New York, the principal must be a resident of the state and the business entity must be in New York. Each state also has a variety of responsibilities and requirements associated with forming an LLC. In New York, the main requirements include:

  • Drafting an operating agreement;
  • Publishing a notice relating to the formation of the LLC; and
  • Filing a "Biennial Statement" every two years.

If you've decided to form an LLC for your business, often times, you can prepare and file the necessary paperwork on your own. Check out FindLaw's do-it-yourself New York LLC Formation Package today to get started.

New York LLC Formation at a Glance

While the actual text of the law is a good source of information, it's rarely written in an easy-to-understand manner. For this reason, it's very helpful to read an overview that summarizes the laws you're researching. In the following table you can find a summary of the laws on forming New York LLCs as well as links to relevant statutes and state government agencies.

Statute(s) New York Consolidated Laws, Limited Liability Company Law - LLC
Step-by-Step Process of Forming an LLC

Forming an LLC in New York requires taking the following steps:

  1. Choose a business name, which must include LLC, L.L.C., or Limited Liability Company in the name and which must not be used by another business in New York.
  2. File the Articles of Organization with the state and pay the required filing fee.
  3. Appoint a registered agent, who will be the person that would accept a service of process on behalf of the LLC.
  4. Prepare and adopt an Operating Agreement (this an internal document, meaning it isn't filed with the state).
  5. Comply with the publication requirement, which consists of publishing a notice related to the formation of the LLC in two newspapers for six consecutive weeks.
  6. Comply with any state and local government license/permit requirements.
State Agency in Charge of LLC Formation

The New York Department of State, Division of Corporations is the agency in charge of LLC formation in New York.

Related Statute(s)

New York Consolidated Laws, Business Corporations Law - BSC

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

New York LLC Formation: Related Resources

If you'd like additional information and resources related to this topic, please click on the links listed below.

Get Legal Help with Your New York LLC Formation Questions

While the information and links above provide good guidance on how to form an LLC, improperly forming your business can expose you to liability. If you have questions about forming an LLC in New York, or simply want the help of a knowledgeable legal professional, it's best to consult with a skilled business organizations attorney in your area.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.