What New York actually requires
For most businesses the sequence is: form the entity with the Department of State, get the federal EIN, register with the Department of Taxation and Finance if you will collect sales tax or run payroll, and then apply for whatever licence your specific trade needs.
In New York City that last step usually runs through the Department of Consumer and Worker Protection, which licenses a long list of specific trades rather than businesses in general. Outside the city it is the county or town clerk.
The New York step people miss
A new LLC formed in New York must publish notice of its formation in two newspapers designated by the county clerk, for six consecutive weeks, and then file a certificate of publication with the Department of State. The clock is 120 days from formation, and an LLC that misses it can have its authority to do business suspended.
This is the requirement that catches out-of-state filers, because no other state works this way and the deadline arrives long after the excitement of forming has passed. We track it from the day you are approved and handle the publication if you would rather not deal with two newspapers and a county clerk.
What we file in New York
- Articles of organization and incorporation, domestic and foreign
- Biennial statements — New York asks every two years, not every year
- The publication requirement, including the certificate of publication
- Registered agent service and change-of-agent filings
- Certificates of good standing and certified copies
Questions people ask
Does New York have a general business license?
No. There is no single licence that covers all New York businesses. The state licenses particular professions and trades, New York City licenses a specific list through the DCWP, and counties and towns license others. What every business does need is the entity filing and, where it applies, a sales tax certificate of authority.
What is the New York LLC publication requirement?
Within 120 days of forming, a New York LLC must publish notice in two newspapers named by the county clerk of its county, once a week for six consecutive weeks, and then file a certificate of publication with the Department of State. Costs vary enormously by county — New York County is among the most expensive in the state.
How often does a New York LLC file with the state?
Every two years. New York asks for a biennial statement rather than an annual report, due in the anniversary month of formation.
Related
New York LLC publication
Six consecutive weeks, two newspapers chosen by the county clerk, and a certificate filed with the Department of State — within 120 days of forming.
Business licenses
Forming a company and licensing a business are two different things, and the second one is not issued by the state you formed in. Here is how the pieces fit together.
LLC formation
You tell us the name, the state and who is behind it. We prepare the articles, file them with the state, and put the deadlines that follow on a calendar you can see.
Start a filing
Tell us the state and what you need. You will see the state fee and our fee before you pay anything.