How to Form an LLC in New York
Form Your LLCForming an LLC in New York takes 7 steps, starting with filing Articles of Organization with the New York Department of State. The state filing fee is $200. New York also has a publication requirement that most other states don't — plan for that cost before you start.
New York LLC at a glance
Why form an LLC in New York?
Forming an LLC in New York gives you personal liability protection, pass-through taxation, and a simpler compliance structure than a corporation — all while letting you run a business in one of the largest economies in the country. New York LLCs are generally exempt from the state Corporate Income Tax, which is a meaningful advantage over other entity types.
New York also offers targeted incentives for small businesses. The Start-Up NY program provides tax benefits to approved businesses that locate in designated tax-free areas on or near college campuses. It's not available to every business, but it's worth checking if your industry qualifies.
The publication requirement is the one thing that catches people off guard. New York requires you to publish a notice of LLC formation in 2 newspapers for 6 consecutive weeks — and the cost varies by county. In some counties it's a few hundred dollars; in New York City it can run into the thousands. Budget for it before you file.
How to form an LLC in New York in 7 steps
Forming a New York LLC follows a clear sequence. Each step builds on the last, and skipping one — especially the publication step — can put your LLC's good standing at risk.
Step 1: Choose a name for your New York LLC
Step 2: Appoint a registered agent
Step 3: File Articles of Organization
Step 4: Meet the publication requirement
Step 5: Create an operating agreement
Step 6: Get an Employer Identification Number (EIN)
Step 7: Open a business bank account
How much does it cost to form an LLC in New York?
The base cost to form an LLC in New York is $200 for the Articles of Organization filing fee. But the publication requirement adds to that total, and the amount depends on your county. Budget for both before you start.
The table below covers the main costs you'll encounter.
What are the ongoing requirements for a New York LLC?
After your New York LLC is formed, you need to meet a few ongoing requirements to stay in good standing. The most important ones are the biennial statement and keeping your registered agent information current.
New York LLCs file a biennial statement every 2 years with the Department of State. The fee is $9. The statement confirms your LLC's address and registered agent — it's not a full financial report, but missing it can result in your LLC being marked as past due.
You also need to maintain a registered agent with a New York address at all times. If your registered agent changes, update the Department of State promptly. Letting that information go stale means legal notices could miss you entirely.
New York LLCs are generally exempt from the state Corporate Income Tax. However, your LLC may still owe other state and local taxes depending on your business type and location. A tax professional can help you figure out what applies to your situation.
Frequently asked questions
How do I form an LLC in New York by myself?
Yes, you can form a New York LLC on your own. File Articles of Organization with the New York Department of State, Division of Corporations — online, by mail, or in person in Albany. The filing fee is $200. You'll also need to complete the publication requirement within 120 days and file a Certificate of Publication. The full process takes 7 steps.
The publication step is where most people run into unexpected costs. The county clerk designates which newspapers you must use, and rates vary widely by county. In New York City, publication costs can run into the thousands of dollars.
How long does it take to get an LLC approved in New York?
It depends on how you file. Standard processing times vary — [PROCESSING_TIME] is the current estimate for standard filings with the New York Department of State. Expedited processing is available for an additional fee if you need approval faster.
Keep in mind that approval of your Articles of Organization is only one part of the process. The publication requirement adds at least 6 weeks on top of that before you can file your Certificate of Publication.
Does New York require a registered agent for an LLC?
Yes. Every New York LLC needs a registered agent with a physical New York address. The registered agent receives legal documents and official state correspondence on behalf of your LLC. You can serve as your own registered agent, but many business owners use a registered agent service to keep their home address off public records.
What is the New York LLC publication requirement?
It's a state-specific rule that requires you to publish a notice of your LLC's formation in 2 newspapers in the county where your LLC's office is located. You publish for 6 consecutive weeks, then file a Certificate of Publication with the Department of State and pay a $50 fee. You have 120 days from formation to complete it.
Not completing the publication requirement can result in your LLC's authority to do business in New York being suspended. It's one of the most common things that catches new business owners off guard in this state.
Does a New York LLC need an operating agreement?
Yes. New York law requires LLCs to have an operating agreement. It doesn't need to be filed with the state, but it must exist. The operating agreement covers how your LLC is managed, how profits and losses are split, and how decisions are made. For single-member LLCs, it also helps establish that your business is a separate legal entity.
Can I search for an LLC name in New York before filing?
Yes. The New York Department of State maintains a searchable database where you can check whether your chosen name is available before filing Articles of Organization. Your LLC name must be distinguishable from other entities already on file and must include 'Limited Liability Company,' 'LLC,' or 'L.L.C.' You can also reserve a name for 60 days for a $20 fee.
Source: New York Department of State (https://www.dos.ny.gov/corporations/forms-publications)
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