You don’t need perfect information to start a business in USA, New York—you need the right sequence. After two decades helping founders launch companies across multiple jurisdictions, here’s the simplest path we’ve found to get a clean, compliant NY LLC off the ground (including if you’re overseas).
The 8-Step Path We Use in Practice
- Name & quick check. Make sure it’s distinguishable in NYC. If you care about the .com, check that too—early.
- Registered Agent. You need a physical NYC address for service of process. Pick reliability over rock-bottom pricing.
- Certificate of Formation (LLC). File with the state; keep a clean record of the confirmation for your compliance folder.
- Operating Agreement. Even single-member LLCs should have one. It clarifies ownership, powers, bank authority, and buyout terms if you add partners later.
- EIN. You’ll need it for banking and payroll. Overseas founders: line up ID ahead of time; the application can be straightforward with the right prep.
- Tax & Employer Registrations. Sales tax? Payroll? Register only what you need. Don’t “collect them all” and invite extra filings.
- Business Banking. Match the bank (or fintech) to your use case: domestic vs. international clients, wires, multi-currency, API access.
- Annual & Ongoing Compliance. Calendar the annual report. Separate your personal and business finances from day one.
Common Pitfalls We See (And How to Dodge Them)
- Over-registering taxes. If you won’t have employees for six months, don’t register payroll now.
- No paper trail. Keep a digital “company bible”: formation docs, EIN letter, OA, first bank statement, vendor contracts.
- Banking friction for non-US owners. Pre-collect KYC docs; be flexible (traditional bank + fintech combo often works best).
- DIY bookkeeping too long. Give your accountant clean books from month one. It’s cheaper than a year-end salvage.
LLC vs S-Corp (Plain English)
An LLC is flexible. By default you’re taxed as a pass-through. Later, if profits justify it, you can elect S-Corp taxation to optimize how profits are treated. The “when” is a math question about salary vs. distributions, not a vibe. Get a quick scenario model before you elect.
Our Setup Checklist (What We Actually Do For Clients)
- Name screening + formation
- Operating Agreement (right-sized)
- EIN & tax registrations
- Banking guidance and introductions
- Compliance calendar + bookkeeping stack (chart of accounts, invoice template, vendor onboarding form)
FAQs
Do I need to be in NYC to open the company? No, but you need a registered agent in NYC and a bank that can onboard you properly.
Can a non-US person get an EIN? Yes—with the right documentation. Plan for identity verification.
Is an LLC the only option? No. But for most owner-managed service businesses, it’s the simplest start.
Book a quick assessment with Hodaj & Mallaku and we’ll chart the leanest route.
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