How to start an LLC in New York
Last reviewed . General information, not legal or tax advice.
To start an LLC in New York, file Articles of Organization with the Department of State for $200, naming the Secretary of State as your agent for service of process. Within 120 days, publish a notice in two newspapers for six weeks and file a Certificate of Publication. Then adopt an operating agreement and file a $9 biennial statement.
What does it cost to form an LLC in New York?
New York's Department of State charges $200 to file Articles of Organization for a domestic limited liability company, on form DOS-1336-f, by mail to its Division of Corporations in Albany or online (NYS Department of State: Articles of Organization). The state's online portal, New York Business Express, also walks you through filing and the other steps of opening a business.
| Filing | Fee | When |
|---|---|---|
| Articles of Organization | $200 | To form the LLC |
| Name availability search | $5 per name | Optional, before filing |
| Reservation of name | $20 | Optional; holds the name for 60 days |
| Certificate of Publication | $50 | Within 120 days of forming |
| Biennial statement | $9 | Every two years |
Budget separately for the publication requirement, below: you pay the two newspapers directly for running your notice.
What name can a New York LLC use?
The name must include the words "Limited Liability Company" or the abbreviation "LLC" or "L.L.C.", and it must be distinguishable from names already on the Department of State's records. You can ask the Department to search its records for $5 per name, and you can hold a name for 60 days by filing an Application for Reservation of Name with a $20 fee. Our guide to business names, DBAs and trademarks covers protecting the brand beyond the state register.
Who receives legal papers for a New York LLC?
New York has every LLC designate the Secretary of State as its agent for service of process (Forming a Limited Liability Company in New York). Your Articles give the address where papers should go, so keep it current. An LLC can also make, revoke or change the designation of a separate registered agent by filing a Certificate of Change.
How does New York's LLC publication requirement work?
This step is particular to New York. Within 120 days after your Articles of Organization are filed, you must publish a notice about the LLC in two newspapers designated by the county clerk of the county where the LLC's office is located, once a week for six consecutive weeks. One paper must be printed daily and the other printed weekly (Department of State FAQs).
- Ask the county clerk which newspapers are designated for your county.
- Have both papers run the notice for six consecutive weeks.
- File a Certificate of Publication with the Department of State, with the $50 fee, before the 120 days run out.
Missing the deadline has a real cost: if the Certificate of Publication is not filed within 120 days, the LLC's authority to carry on, conduct or transact business is suspended.
What does a New York LLC file after it is formed?
- Operating agreement. New York's LLC Law requires one. It may be adopted before, at the time of, or within 90 days after filing the Articles of Organization, and it is kept by the members rather than filed with the state.
- Biennial statement. Two years after the Articles are filed, and every two years after that, the LLC files a biennial statement with a $9 fee, during the month the Articles were filed.
- Sales tax registration. If you will sell taxable goods or services, you must register with the Tax Department at least 20 days before beginning business; it then issues a Certificate of Authority to collect sales tax (How to register for New York State sales tax).
- LLC filing fee. An LLC that is treated as a partnership, or a single-member LLC that is disregarded, pays an annual filing fee on Form IT-204-LL, based on its New York source gross income for the year before; it starts at $25 (Instructions for Form IT-204-LL).
You will also want a free EIN from the IRS for banking and taxes; see how to get an EIN, and our general guide on how to start an LLC for the steps every state shares.
Frequently asked questions
How much does it cost to start an LLC in New York?
The Department of State charges $200 for the Articles of Organization and $50 for the Certificate of Publication, and you pay the two newspapers that run your notice. Optional extras are a $5 name search and a $20 name reservation. After that, the biennial statement is $9 every two years, plus any IT-204-LL filing fee.
What happens if I don't publish my New York LLC?
If you do not publish for six weeks in two county-designated newspapers and file the Certificate of Publication within 120 days, the LLC's authority to carry on, conduct or transact business is suspended. Ask the county clerk which papers to use as soon as your Articles are filed, so the six weeks fit.
Do I need a registered agent for a New York LLC?
New York LLCs designate the Secretary of State as their agent for service of process, so you do not need to hire an agent to form one. Give an address in your Articles where legal papers can reach you. You can also designate a registered agent later by filing a Certificate of Change.
Does a New York LLC need an operating agreement?
Yes. New York's LLC Law requires the members to adopt an operating agreement before, at the time of, or within 90 days after filing the Articles of Organization. You do not file it with the Department of State; keep it with the company's records and update it when members or ownership change.
Sources
- Articles of Organization for Domestic Limited Liability Company, New York Department of State. https://dos.ny.gov/articles-organization-domestic-limited-liability-company-0
- Forming a Limited Liability Company in New York, New York Department of State. https://dos.ny.gov/forming-limited-liability-company-new-york
- Application for Reservation of Name for Domestic and Foreign Limited Liability Companies, New York Department of State. https://dos.ny.gov/application-reservation-name-domestic-and-foreign-limited-liability-companies
- FAQs: Corporations & Business Entities, New York Department of State. https://dos.ny.gov/faqs-corporations-business-entities
- How to Register for New York State Sales Tax, New York State Department of Taxation and Finance. https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/how_to_register_for_nys_sales_tax.htm
- Instructions for Form IT-204-LL, New York State Department of Taxation and Finance. https://www.tax.ny.gov/pdf/2025/inc/it204lli_2025.pdf
- New York Business Express, State of New York. https://www.businessexpress.ny.gov/
This guide is general information, not legal or tax advice. Rules differ by state and city and change over time, so confirm the details with the official sources above or a licensed professional.