How to Form an LLC in New York

Step-by-step guide to forming an LLC in New York: filing fee $200, annual costs, registered agent, and state-specific requirements.

Why form an LLC in New York

Learning how to form an LLC in New York involves a few extra steps compared with most states. The filing fee is $200 for the Articles of Organization, and new LLCs must also publish a notice in two newspapers and file a Certificate of Publication within 120 days. There is no annual franchise tax, but a biennial statement costs $9. Despite the extra paperwork, the LLC remains a popular choice for its liability protection and pass-through taxation. The process takes only a few days from start to finish, and you can complete every step without a lawyer.

Step 1: Choose a business name

Your New York LLC name must be distinguishable from other registered names and must include "Limited Liability Company" or an approved abbreviation such as "LLC." You can search the New York Department of State database to check availability. Reserving a name costs $20 and holds it for 60 days. Avoid restricted words such as "bank" or "insurance" unless you hold the appropriate license.

Step 2: Appoint a registered agent

Every New York LLC must have a registered agent with a physical street address in the state. The agent accepts legal documents and official mail on behalf of the business. You can act as your own agent, but many owners choose a professional registered agent service to keep their home address private and ensure documents are handled reliably.

Step 3: File the Articles of Organization and publish the notice

The core filing is the Articles of Organization, submitted online or by mail to the New York Department of State. The filing fee is $200. You will provide the LLC name, registered agent details, and the business address. Online filings are typically approved within a few business days. Once approved, your LLC legally exists, but you still need to complete the publication requirement.

Within 120 days of formation, your New York LLC must publish a notice in two newspapers in the county where the LLC is located. One newspaper must be approved by the county clerk, and the other must be a daily newspaper. The notice runs for six consecutive weeks. After publication, you file a Certificate of Publication with the Department of State. The cost varies by county, from about $50 to over $1,000.

Step 4: Draft an operating agreement and get an EIN

New York does not require an operating agreement, but it is strongly recommended. This document defines ownership percentages, voting rights, profit distribution, and management duties. A well-drafted operating agreement prevents disputes between members. Most New York LLCs also need an EIN from the IRS to open a business bank account and file taxes. A business bank account keeps personal and business money separate, which is essential for preserving your liability protection.

New York LLC costs and ongoing requirements

The total cost to start an LLC in New York is $200 for the state filing, plus the newspaper publication cost and a $9 biennial statement fee. There is no annual franchise tax. The biennial statement is due every two years in the month of your LLC formation anniversary. Keep a calendar reminder for any filing deadlines so your LLC stays in good standing with the state. Compare these figures with other states in our LLC cost by state guide, and see the full New York LLC page for more detail.

Frequently Asked Questions

How much does it cost to form an LLC in New York?

The filing fee to form an LLC in New York is $200 for the Articles of Organization. There is no annual franchise tax, but the state requires a biennial statement that costs $9. The most unusual cost is the newspaper publication requirement, which typically costs between $50 and $1,500 depending on the county. You must also file a Certificate of Publication within 120 days of formation. In total, budget at least $300 to $400 to form a New York LLC.

What is the New York LLC publication requirement?

New York requires every new LLC to publish a notice of formation in two newspapers in the county where the LLC is located. One newspaper must be approved by the county clerk, and the other must be a daily newspaper. The notice must run for six consecutive weeks, and the cost varies widely by county, from about $50 in some rural counties to over $1,000 in New York City. After publication, you file a Certificate of Publication with the Department of State within 120 days of formation.

Does New York require an annual report for LLCs?

New York LLCs do not file an annual report, but they must file a biennial statement every two years. The statement updates the state on your LLC address and registered agent, and it costs $9. It is due in the month of your LLC formation anniversary every two years. Failing to file on time can result in the state dissolving your LLC, so it is important to track the deadline.

Do I need a registered agent in New York?

Yes, every New York LLC must have a registered agent with a physical street address in the state. The agent accepts legal documents and official mail on behalf of the LLC. You can act as your own agent, but a professional registered agent service is a common choice because it keeps your address private and ensures documents are handled promptly. The agent name and address appear on the Articles of Organization and the biennial statement.