The short answer is no.  The state of New York does not legally require a lawyer to form a New York Limited Liability Company (LLC).

Our detailed LLC Information page may help you understand some of the implications of forming a New York LLC.  However, if there is anything about Forming a LLC in New York that you're not sure about you should seek the advice of a competent New York lawyer, a New York accountant, or a New York Business advisor before you form a LLC in New York. 

Once you have made the decision to Form a LLC in New York, a New York lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new

You are not legally required to reserve a Company Name for a new New York LLC before you submit your application to Form a LLC in New York.

Whether or not you need to reserve a company name for your new New York LLC depends entirely on your business situation.  The New York Secretary of State uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that New York Company Name.

If the Name you have chosen for your new New York LLC is already in use by a currently active New York Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the New York Secretary of State.  "DBA" is an abbreviation for "Doing Business As."

We verify that the Name you have chose for your new New York LLC is available before we submit your new LLC filing to the New York Secretary of State.  If necessary we can register a DBA Name in New York for you so that you can open your new New York business as quickly as possible.

1. Choose a name for your New York LLC
   
   Your New York LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the New York LLC name that you choose must be distinguishable from the name of any other registered New York LLC or other registered New York business entity, such as a New York Corporation or LLP.  The LLC name must also be different from any reserved names on record with the state of New York.  Your New York LLC name must not imply that it was formed for a purpose other than that stated in your Articles of Organization; and your New York LLC name must not be a name that is likely to mislead the public.
   
   The name of a New York LLC must include the word "LLC" or "Limited Liability Company" or an abbreviation of one of these words.
   
   It's important to choose a good name for your New York LLC because if you want to change it after you Form a LLC in New York you will have to file amended Articles of Organization with the New York Secretary of State (and pay a fee). We will:
   • Check to make sure that your New York LLC name is available
   • Make sure your New York LLC name conforms to state of New York regulations
   • Reserve your New York LLC name with the New York Secretary of State
2. Select an official address and a Registered Agent for your New York LLC
   
   Every New York LLC must have an address that is physically located in the state of New York.  This address is "registered" with the New York Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of New York to receive all correspondence on behalf of the New York LLC is called a "Registered Agent" or "Agent for Service of Process".  You may act as your own Registered Agent, however, many New York LLCs hire a Registered Agent because they don't have a physical address within the state of New York or to provide a distinct level of privacy.
   
   We can act as the official Registered Agent for your New York LLC.
3. Determine who will be Members and who will Manage your New York LLC
   
   The owners of a New York LLC are called Members - not Partners or Shareholders.  (a New York Limited Liability Company does not issue stock).  Members make all business decisions and realize the financial benefits generated by the New York LLC.  Division of ownership and distribution of profits are decided by private agreement among the Members.  Each New York LLC must have at least one Member.  Members need not live in the state of New York or be citizens of the United States.
   
   Managers are responsible for the day to day operation of the New York LLC.  Members elect or appoint Managers and have the power to remove them.  Managers may or may not be Members of the New York LLC.  Management for your New York LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
4. Determine how you want your New York LLC to be taxed
   
   The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.  New York LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.  This decision may be made after the New York LLC is created.  If a single Member New York LLC does not declare a tax classification it is taxed the same as a sole proprietorship.  A multiple Member New York LLC that does not declare a tax classification is taxed as a general partnership.  More specific federal LLC tax information can be found at the IRS web site.
   
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your New York LLC and include it with your LLC formation documents.
5. File Articles of Organization with the New York Secretary of State
   
   A New York Limited Liability Company is a type of business that is authorized by the state of New York - not by the federal government.  In order to form a LLC in New York you must file Articles of Organization with the New York Secretary of State. The Articles of Organization must include certain specific information about your New York LLC.  If the Articles do not conform exactly to state of New York requirements they will be rejected.  You may subsequently amend the Articles of Organization for your New York LLC but you will have to pay a fee to the state of New York in order to make the changes official.
   
   We can prepare and file your Articles of Organization with the New York Secretary of State.  We've been doing it for over 10 years.
6. Get a Federal Employer Identification Number (FEIN) for your New York LLC
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your New York LLC.  All New York LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
   
   If you do not elect to have your New York LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or if you plan to have employees.
   
   If you plan to form a Single Member New York LLC you may not need a separate FEIN for the LLC if you have no employees.  The sole Member of a Single Member New York LLC may be able to use his or her Social Security Number instead of applying for an FEIN.  You may request a FEIN for your New York LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending on your business circumstances.
   
   We can get a FEIN for your New York LLC as soon as it is approved by the New York Secretary of State.

1. Conduct an Organizational Meeting and adopt an Operating Agreement
   
   An Operating Agreement defines the rules by which your New York LLC will operate.  It is the core document that is referred to when issues concerning your LLC need to be resolved.  Operating Agreements may include requirements for almost anything that involves the management and operation of your New York LLC.  By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of disagreement in the future.
   
   Items commonly included in an Operating Agreement for a New York LLC:
   
   
   • Rights and duties of Members
   • Member contributions
   • Record keeping and reporting requirements
   • Distribution of profits
   • Allocation of losses

   • Management duties
   • Meeting requirements
   • Voting requirements
   • Admission and termination of Members
   • Dissolution procedures
   
   Although an Operating Agreement is not required in the state of New York, if you plan to form a multiple Member New York LLC it is highly advisable to have one.  Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.  As your New York LLC grows over time, you may amend your Operating Agreement as necessary.
   
   When your New York LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by the state of New York.
   
   
2. Open a Business Bank Account in New York
   
   It's very important that you have a separate business bank account for your New York LLC.  Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account for your New York Limited Liability Company.  Specific requirements vary from bank to bank. 
   
   In most cases you will need a FEIN, a copy of your New York LLC Articles of Organization, and a resolution identifying authorized signers if those names are not listed in the Articles.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a New York LLC doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A New York LLC merely creates an ownership structure that limits the owner's personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your New York LLC you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your New York LLC vary depending on your business activities and the specific locations within the state of New York in which you want to conduct business.
   
   If your New York LLC will be selling products in New York you may be required to obtain a Reseller's Permit from the appropriate New York state agency.  If your New York LLC will be selling products in New York you will also be responsible for all applicable local and state of New York sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your New York LLC package.
4. File the required New York LLC reports
   
   Each New York LLC must file a with the New York Secretary of State.
   
   The New York includes basic information about your New York LLC.  Failure to submit a properly completed New York to the New York Secretary of State on or before the due date may subject the New York LLC to being administratively dissolved in the state of New York or having its authority to transact business in the state of New York revoked by the New York Secretary of State.  Penalties may accrue if you fail to file any New York LLC to the New York Secretary of State by the due date.
   
   
5. Keep proper records of your New York LLC on file
   
   Keep the following records on file and available at the principal business office of your New York LLC:
   • Names and addresses of all Members and Managers of the New York LLC
   • Articles of Organization for the New York LLC and any Amendments to them
   • Copies of all tax returns and reports for the New York LLC for the last 3 years
   • If the New York LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
   • Copies of any LLC Resolutions which have been adopted by the New York LLC

In order to Form a LLC in New York you'll need the following information about your new Company:

• The name of your new New York LLC along with your second choice of a name in case the name that you want is not available
  
• Physical address of the LLC office in New York (not a PO Box)
  
• Name and address of your New York Registered Agent (not a PO Box)
  

You do not have to name the Members of a
New York LLC in the Articles of Organization.

While you are not required to name the Members of a new New York LLC you still may include Member information with your initial New York LLC filing.

Remember - ALL the information that you provide when you Form a LLC in New York becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in New York.

Processing times for new New York LLC applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new New York takes the state around 3 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your New York LLC. We are dependent on, and have no control over, the staff and systems of the New York Secretary of State.

In our experience 3 business days is the time it usually takes the New York Secretary of State to process a new New York LLC application. We get your New York LLC application to the NY Secretary of State ASAP. Once it is at the state we have no control over the new New York LLC application process.

The state of New York charges $335.00 to form a new LLC.  This is the cost of filing and getting a Certified Copy of your Articles of Organization from the NY Secretary of State.  If you choose All Business Documents to help you form your LLC in New York, our processing fees are $125.00.  We start processing your new New York LLC order as soon as we get it.

Total cost includes:

• Name Check and Reservation
• Prepare Articles of Organization
• File Articles of Organization with the New York Secretary of State
• Certified Copies of Articles
• New York LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support

You want to do business in the state of New York but are registered as a Domestic LLC in another state.  In order to legally conduct business in the state of New York you must register with the New York as a New York Foreign LLC.  The process of registering as a Foreign LLC in the state of New York is called New York LLC Foreign Qualification. 

The process of New York LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of New York.  Your original formation documents (usually called Articles of Organization) and LLC Operating Agreement apply to your New York Foreign LLC.  The Members and Managers of your Domestic LLC have the same roles in the New York Foreign LLC.