Forming an LLC in most states doesn't require a business license, but you'll need to follow your state's procedures. However, if you want to operate the LLC as a company, you'll likely need one. If you're starting a small business in New York, you may need to obtain one or more state licenses or permits, or complete one or more types of state registration. Here are some of the main information resources available and some of the steps you may need to take.It's important to note that a business license and an LLC serve separate purposes and can't be replaced by one another.
Both are necessary if you want to legally operate an LLC in a given city, county, or state. There is no general New York State business license, but many cities require businesses to be licensed to operate.
Business registrationrules vary by location and type of business.The New York Office of Professions provides a list of licensed professionals (such as doctors, lawyers, and CPAs). Depending on your type of business, you may need to obtain a sales tax certificate or a professional business license.
New York State also requires all companies to file a Biennial Return every two years in the month of the LLC's anniversary.You can serve as an agent for process notification for your own LLC, but this puts pressure on you to keep up to date with business filings and potential legal disputes. There is no fixed fee for a business license in New York, as each company will need its own type of license, if at all. If you have a business license but don't have an LLC or other legal business entity, you can still operate your business as a sole owner. If you need help deciding if an LLC needs a business license, you can post your legal need on the UpCounsel marketplace.For this reason, it's best to create your LLC or corporation first so that you can provide the name of the approved entity in the license application, rather than having to submit a form to change the name after forming the company (which could incur a fee).
The type of occupation you have and the plan for your LLC may require additional requirements to obtain a business license. In addition to professional licenses from the Department of State, businesses in various industries such as food establishments, day care centers, salvage yards, and others may also require licenses. The Business Wizard site also has a list of state agencies that issue business licenses, including the licenses issued by each agency.The Articles of Organization is going to be one of the most important parts of shaping your business. The site also links to the state's Online Business Assistant where you can enter details about your specific business and automatically generate a list of the licenses and permits you'll need.
Zoning: Depending on the location of the business, it is important to check if the business needs an occupancy permit or if it has specific zoning rules to follow.