How to Name Your LLC in New York

Filing fee: $200 (Articles of Organization, filed with the NY Department of State)

Processing time: Approximately 7 business days for standard filing; expedited options available

State agency: New York Department of State, Division of Corporations

Annual report due: New York LLCs file a Biennial Statement every 2 years

State tax rate: New York imposes a filing fee on LLCs based on gross income; no flat corporate income tax rate for LLCs taxed as pass-throughs

Naming a New York LLC means meeting 4 core requirements: your name must include an LLC designator, it must be distinguishable from existing entities on file with the New York Department of State, it can't include prohibited or restricted words without agency approval, and it must be entered in English characters on your Articles of Organization.

New York's naming rules aren't complicated, but a few details catch people off guard — especially the restricted-words list and the distinguishability standard, which is stricter than many people expect.

• Name must end with "Limited Liability Company," "LLC," or "L.L.C."
• Name must be distinguishable from all existing entities in the NY Department of State database
• Certain words require written approval from a state agency before the Department of State will accept the filing
• Name must be entered in English characters on the Articles of Organization
• A name that appears available in the database is not guaranteed to be approved

Required LLC designator

New York law requires every LLC name to include the words "Limited Liability Company" or one of the abbreviations "LLC" or "L.L.C." as part of the official legal name. You can choose any one of these 3 forms — they're all acceptable under New York statute.

The designator goes at the end of the name. So "Maple Street Consulting LLC" and "Maple Street Consulting L.L.C." are both valid. The name as it appears in your Articles of Organization — designator included — becomes your official legal name once the Department of State accepts the filing.

Name distinguishability requirement

Your LLC name must be distinguishable from every other entity already on file with the New York Department of State. If the online filing system doesn't consider your proposed name distinguishable, it won't let you proceed with the formation filing.

The distinguishability standard is stricter than most people expect. Differences only in the LLC designator ("LLC" vs. "Inc."), punctuation, or singular versus plural forms generally don't make a name distinguishable. Names that are deceptively similar to existing business names are also subject to rejection.

How to search New York LLC name availability

Check name availability using the New York Department of State Corporation and Business Entity Database at dos.ny.gov. The database is the official public inquiry tool for all New York business entities and can be searched by business name.

When you search, enter the name exactly as you plan to file it — including the "LLC" or "L.L.C." designator and any comma before it. A name that appears available in the database is not guaranteed to be approved by the Department of State, so run the search before you file, not after.

Restricted and prohibited words

New York maintains an official chart of restricted and prohibited words and phrases that can't appear in an LLC name without special handling. Some words are outright prohibited. Others are allowed only if you get written approval or consent from a specific New York State agency before the Department of State will accept your filing.

Words suggesting banking, insurance, or trust activities generally require pre-approval from the appropriate New York financial regulator. Words referencing regulated professions or licensed services — things like medical or legal practice — require consent from the relevant licensing or oversight agency. The same restricted-words schedule applies to LLCs, corporations, and limited partnerships, so review the full chart even though it isn't LLC-specific by title.

Assumed names (DBA) in New York

Your LLC can do business under a name that's different from its legal name. In New York, this is called an assumed name — sometimes referred to as a DBA (doing business as). To use one, you file a Certificate of Assumed Name with the New York Department of State.

An assumed name is useful if you want a shorter or more customer-facing brand name without changing your LLC's legal name. Your legal name stays on file with the state; the assumed name is what you use in day-to-day business.

How to reserve a New York LLC name

If you've found an available name but aren't ready to file your Articles of Organization yet, New York allows you to reserve the name with the Department of State. A reservation holds the name for a set period so another business can't claim it while you're getting ready to file.

Name reservation is a separate filing from formation. It doesn't form your LLC — it just holds the name. If you're close to ready, it's worth doing to protect the name you've chosen.

Trademarks and your LLC name

A name that clears the New York Department of State database can still infringe on a federally registered trademark. The state's name availability search only checks against entities registered in New York — it doesn't check the U.S. Patent and Trademark Office (USPTO) database.

Before you file, search the USPTO trademark database at uspto.gov to check whether your proposed name — or something close to it — is already registered as a trademark or service mark. If it is, using that name for your LLC can put you on the hook for trademark infringement, even if the state accepted your filing. A trademark attorney can help you figure out whether your name is clear.