Starting a business in New York, home to some of the planet’s biggest financial, cultural, and commercial engines, is the goal for a lot of entrepreneurs.
Setting yourself up as a Limited Liability Company (LLC) gives you great perks: your personal assets stay safe, you have a flexible management structure, and you can take advantage of smart tax treatment.
In this easy-to-follow guide, we’ll cover every part of the LLC setup process in New York, paying special attention to both U.S. citizens and founders based abroad.
Why Pick New York for Your LLC?
New York isn’t just a state; it’s a worldwide brand. From Wall Street to Silicon Alley, the city serves up business chances in finance, fashion, media, eCommerce, law, and health care. Here’s why you might want to launch your LLC here:
1. Instant Credibility
Calling yourself a “New York LLC” gives your brand a quick boost in credibility. Customers, investors, and partners view your business as more serious and trustworthy.
2. Talent and Funding on Tap
If you want to scale, New York is the place. You’ll find a deep pool of skilled workers, venture capital, and peer entrepreneurs ready to help you grow.3.
3. Great Location
New York puts you close to both U.S. customers and global markets. That makes it an excellent springboard for worldwide growth.
4. Strong Legal System
The state offers one of the country’s most trusted legal systems. That means you can count on it to handle contract disputes and business agreements fairly and efficiently.
5. Welcoming to Non-Residents
You don’t have to be a U.S. resident or a citizen to start an LLC here. This openness is a big plus for global entrepreneurs wanting a piece of the American market.
Step 1: Pick a Name for Your New York LLC
Choosing your business name is a crucial first step. New York law has a few rules you need to follow:
✅ Name Must:
- Be unique and different from any other business already registered in New York.
- Include “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.”
- Stay clear of certain restricted words like “bank,” “insurance,” or “university,” unless you have the right licenses.
- Not suggest a link to government agencies.
🔍 Check Name Availability:
- Go to the New York Department of State’s Business Entity Search to see if your name is still open.
- You can hold your business name for 60 days for a $20 fee if you’re not ready to file right now.
💡 Pro Tip:
If you plan to sell across the country or around the globe, check that the .com domain for your business name is open. This way, your brand looks the same everywhere online.
Step 2: Choose a Registered Agent in New York
A Registered Agent, also known as an agent for service of process, gets all the legal papers and official mail for your LLC.
Who can be a Registered Agent:
- An individual who lives in New York.
- A business that is authorized to operate in New York.
Rules:
- Must have a street address in New York (P.O. Boxes won’t work).
- Must be available during regular business hours to accept documents and mail.
Why you need this:
A dependable Registered Agent makes sure you receive legal papers on time, so you don’t miss court dates or important deadlines.
For Non-U.S. Residents:
Since you don’t have a New York address or a local contact, hiring a Registered Agent service (like Bizstartz) is the easiest way to stay compliant with the law.
Step 3: File the Articles of Organization
The Articles of Organization is the official paper that creates your LLC in New York.
Essential Details
- Name of the LLC
- County where you operate
- Registered Agent name and address
- Optional: State whether the LLC is member-managed or manager-managed
How to File
- Online: File through the New York Department of State website
- By Mail: Send Form DOS-1336 to the Division of Corporations
Costs
- Filing fee: $200
- Expedited services: Extra charges apply
Processing Times
- Standard: 7 to 10 business days
- Expedited: Choose 24 hours, same day, or 2-hour service for added fees
👉 After approval, you’ll get a Filing Receipt. Keep it safe; it proves your LLC is legit in New York.
Step 4: Handle the Publication Requirement
In New York, your LLC must publish a notice in local newspapers. This is a unique step you won’t find in many other states, but it’s mandatory.
What You Need to Do
1. Publish Notice of LLC Formation
You must publish a notice of your LLC formation in two newspapers: one that is daily and one that is weekly. The notice must run for 6 consecutive weeks.
2. Newspaper Choice
The newspapers you use must be approved by the County Clerk of the county listed in your Articles of Organization.
3. Finish and File
Once the publication is complete, file the Certificate of Publication and the Affidavits of Publication from each newspaper.
4. Filing Fee
The fee to file the Certificate of Publication is $50.
Total Cost
The total cost varies widely by county. In Manhattan, the total can easily be over $1,500. In Albany County, it is usually under $300.
Cost-Saving Tip
To lower publication costs, consider using an Albany County address. This is a common legal strategy that helps many businesses meet the publication requirement for less money.
👉 Bizstartz provides publication services that can handle this entire process, including the Albany address setup.
Step 5: Create an LLC Operating Agreement
The Operating Agreement is a key legal document. It spells out who owns the LLC and how the company will run on a daily basis.
Why It’s Important:
- Helps avoid future fights between members
- Sets clear rules for sharing profits, voting, and closing the business
- Proves legitimacy when you open a business bank account
- Required by New York law, even for a single-member LLC
What to Include:
- Roles and duties of each member and manager
- How much capital each member contributes
- How profits and losses are shared
- Voting rights and how decisions are made
- How to add or remove members
- Steps to dissolve the LLC
You don’t have to file this with the state, but you must keep a signed copy in your LLC’s official records.
Step 6: Apply for an EIN
An EIN, or Employer Identification Number, is a unique number the IRS gives your LLC for tax identification.
Why You Need It:
- To open a U.S. business bank account
- To hire U.S. employees
- To file federal and state taxes
- To apply for payment processors like Stripe, PayPal, and Shopify
How to Apply:
- U.S. Residents: Apply online at the IRS EIN portal
- Non-U.S. Residents: Fill out Form SS-4 and submit by fax or mail. You cannot use the online portal without a Social Security Number (SSN).
💡 Bizstartz can help non-residents apply for the EIN without needing an SSN or ITIN.
Step 7: Keep Up With New York Taxes and Annual Filings
Even if your LLC doesn’t have a physical presence in New York, you still need to meet state compliance rules.
1. Annual Filing Fee (if it applies)
- If your LLC counts as a disregarded entity or a partnership, you might have to pay an Annual Filing Fee. This ranges from $25 to $4,500, depending on your total gross income.
2. Biennial Statement
- Every LLC in New York must file a Biennial Statement every two years with the Department of State.
- Due Date: The end of the calendar month when the LLC was originally formed.
- Filing Fee: $9
Note: If you miss this filing, your LLC could be marked as delinquent or even inactive.
Extra Steps (Not Required, But Smart)
✅ Open a U.S. Business Bank Account
To keep your money in order and to accept payments, a U.S. business bank account is essential.
What You’ll Need:
- EIN (Employer Identification Number)
- Articles of Organization
- Operating Agreement
- U.S. business address (sometimes optional)
Many non-residents use online banks like Mercury, Relay, or Wise. These services let you skip an in-person visit to the U.S.
✅ Get a U.S. Business Mailing Address
You need a business mailing address for:
- Opening bank accounts
- Receiving IRS letters
- Handling legal and operational mail
A virtual address service or a Registered Agent with mail forwarding works great for this.
✅ Obtain Business Licenses and Permits
Depending on what your business does and where it’s located, you might need licenses at the local, state, or federal level. Always verify with your local New York authority or consult a business expert.
Can Non-U.S. Residents Form an LLC in New York?
Yes! Non-U.S. residents can form and own an LLC in New York without any special restrictions.
Here’s what you’ll need to get started:
- A U.S. Registered Agent
- An EIN
- A U.S. business address for legal notices and compliance
- Guidance on publication and IRS forms if you don’t have an SSN
Bizstartz helps international founders set up LLCs quickly, compliantly, and without hassle.
Final Thoughts
Creating an LLC in New York gives you access to one of the strongest business markets in the world. Sure, you’ll face some extra steps, like publishing your formation, but the benefits pay off over time.
Stick to the right steps and keep your LLC compliant, and you can run your U.S. business from anywhere.
Start Your New York LLC with Ease
Let Bizstartz take care of every detail for you:
✅ LLC Formation
✅ EIN Application
✅ Registered Agent
✅ Operating Agreement
✅ Publication Requirement
✅ Business Bank Account Setup
