Step‑by‑Step: How to Form an LLC in New York for Your Store

Table of Contents

1. Step 1: Choose & Reserve Your LLC Name

2. Step 2: File the Articles of Organization

3. Step 3: Draft Your Operating Agreement

4. Step 4: Fulfill New York’s Publication Requirement

5. Step 5: Obtain EIN & Register for Taxes

6. Step 6: Open Bank Account & Stay Compliant

7. Summary & Next Steps

1. Step 1: Choose & Reserve Your LLC Name

To form an LLC, start by selecting a unique name that:

• Includes “Limited Liability Company,” “LLC,” or “L.L.C.”

• Is distinguishable from all other NY state entity names

• Avoids prohibited terms (e.g. “Bank,” “Trust”) unless state approvals are obtained.

You can reserve your ideal name for 60 days via a Name Reservation form ($20).

2. Step 2: File the Articles of Organization

To form an LLC, file the Articles of Organization with NY DOS:

• Complete the form: LLC name, county of principal office, registered agent mailing address

• Pay the $200 filing fee

• Choose online filing (fast email receipt) or mail to Albany.

• Once accepted, you receive a filing receipt and official acknowledgment.

3. Step 3: Draft Your Operating Agreement

New York requires an Operating Agreement to be adopted within 90 days of filing This internal document outlines:

• Member vs. manager-managed structure

• Ownership percentages and capital contributions

• Profit/loss distribution and decision-making

• Procedures for adding/removing members

Though it isn’t filed with the state, it’s critical for clarity and credibility.

4. Step 4: Fulfill New York’s Publication Requirement

All New York LLCs must publish a notice in two local newspapers (daily & weekly) for six consecutive weeks, within 120 days of formation Steps include:

1. Obtain recommended newspapers from your county clerk.

2. Place the notice exactly matching DOS records.

3. Receive affidavits of publication.

4. Submit Certificate of Publication with affidavits and $50 fee

Failure to comply suspends your LLC’s authority to operate.

Tip: Form in a lower-cost county (e.g., outside NYC) to save on steep publication fees

5. Step 5: Obtain EIN & Register for Taxes

After you form an LLC:

• Get your EIN from the IRS (required for multi-member LLCs or hiring employees)

• Register with the NY Department of Taxation & Finance for sales tax, withholding, if applicable.

• Consider city/county permits or professional licenses based on your store’s activities.

6. Step 6: Open Bank Account & Stay Compliant

Key next steps after you form an LLC:

• Open a business bank account using your LLC documents and EIN.

• Buy business insurance (liability, property, workers’ comp).

• File Biennial Statement every two years ($9 fee).

• Renew licenses/permits as required for your store’s location/type.

7. Summary & Next Steps: Form an LLC

Recap Table

By following this step-by-step process to form an LLC, you’re laying a firm legal and operational foundation for your store. Need expert help? Consider consulting a business attorney or using a formation service.

Ready to launch? You now have the roadmap to legally establish your store with confidence and compliance—go build your NYC dream!