Can a Foreigner Form an LLC in New York?
Yes. New York permits non-US citizens and foreign business entities to form and own LLCs. Under N.Y. Ltd. Liab. Co. Law § 203, there are no citizenship, residency, or visa requirements. Any person or entity—regardless of nationality or location—may serve as organizer and member.
Formation Requirements
File Articles of Organization with the New York Department of State, Division of Corporations. The filing fee is $200. Required information includes:
- LLC name with "LLC," "Limited Liability Company," or "L.L.C." designator (N.Y. Ltd. Liab. Co. Law § 204)
- County where your principal office will be located
- Organizer name and address (can be your foreign address)
- Secretary of State designation as agent for service of process
- Mailing address for service of process
File online at https://filing.dos.ny.gov/ for fastest processing. Online filings receive acknowledgment within minutes. Expedited options: 24 hours (+$25), same day (+$75), or 2 hours (+$150).
Name Availability
Search the business name database at https://apps.dos.ny.gov/publicInquiry/ to ensure your name is distinguishable from existing New York entities. Reserve your name for 60 days ($20 fee) if needed.
Key Considerations
Agent for Service of Process. You must designate the Secretary of State as your registered agent and provide a New York mailing address where legal documents will be delivered.
Tax Obligations. Forming an LLC does not exempt you from US federal or New York State tax requirements. Obtain an EIN from the IRS and comply with all applicable tax filings.
Assumed Name (DBA). If you operate under a name different from your LLC's legal name, file a Certificate of Assumed Name with the Department of State ($25 fee).
Contact Information
New York Department of State
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231
Phone: (518) 473-2492
Website: https://dos.ny.gov/
This is general information, not legal advice.