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How to form an LLC in New York

File an Articles of Organization with the New York Department of State, Division of Corporations. State filing fee $200.

Start my New York LLC → Search names on the state site ↗

Due to form

$200

State filing fee

How to file

Online or by mail

Online: emailed filing receipt within minutes. Mail: standard queue (weeks); expedite 24-hour, same-day or 2-…

Keeping it active

Biennial Statement

Every 2 years in the calendar month of formation · $9

The steps in New York

  1. 1

    Choose a name

    It must be distinguishable from other businesses on file and end with “Limited Liability Company”, “LLC”, “L.L.C.”. Must be distinguishable; restricted words list at dos.ny.gov/restricted-or-prohibited-words-and-phrases; reservation $20. You can reserve a name first for $20 (optional).

  2. 2

    Give an address for legal papers

    Articles designate the Secretary of State as agent and give a post office address for mailing process; a registered agent with NY street address is optional.

  3. 3

    File the Articles of Organization

    File with the New York Department of State, Division of Corporations (form DOS-1336-f). You can file online or by mail. Fee: $200.

  4. 4

    Publish a notice

    Within 120 days publish articles or notice once a week for 6 consecutive weeks in two newspapers designated by the county clerk, then file Certificate of Publication ($50). Failure suspends authority to do business (LLC Law 206).

  5. 5

    Sign an operating agreement

    New York law expects LLCs to have an operating agreement. It is not filed with the state; LLCPros prepares one from your answers.

  6. 6

    Get an EIN and keep up with reports

    Get a free Employer Identification Number from the IRS, open a business bank account, then file the Biennial Statement (every 2 years in the calendar month of formation).

Fees

Filing fee — Articles of Organization$200
Optional: 24-hour expedite+$25
Optional: Same-day expedite+$75
Optional: 2-hour expedite+$150
Optional: name reservation$20
Later: Biennial Statement$9

Certificate of Publication $50 plus newspaper costs; written name availability search $5/name.

State taxes to know about

LLCs treated as partnerships with NY-source income owe an annual filing fee (Form IT-204-LL, $25-$4,500). NY LLC Transparency Act beneficial-ownership reporting now applies only to non-US (foreign) LLCs, not domestic LLCs.

Questions about New York LLCs

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

The New York filing fee for the Articles of Organization is $200. Optional expedited processing costs more.

›What document forms an LLC in New York?

You file an Articles of Organization (form DOS-1336-f) with the New York Department of State, Division of Corporations.

›Does New York require a registered agent?

Yes. Articles designate the Secretary of State as agent and give a post office address for mailing process; a registered agent with NY street address is optional.

›Does a New York LLC file an annual report?

Yes: the Biennial Statement, every 2 years in the calendar month of formation, fee $9.

›Do I have to publish a notice in New York?

Within 120 days publish articles or notice once a week for 6 consecutive weeks in two newspapers designated by the county clerk, then file Certificate of Publication ($50). Failure suspends authority to do business (LLC Law 206).

Double-check with the state

We could not confirm these on an official New York page when we last checked (November 12, 2026). Your filing plan lists them too.

  • The registered agent rules, including whether the agent must sign a consent
  • The link to the state’s business name search
  • The current filing fee and any service charge
  • Exactly what the state’s form or online filing asks for
Self-help, not legal or tax advice. LLCPros is not a law firm, does not give legal or tax advice, and is not affiliated with any state or federal agency. We prepare documents from your answers and your state’s published rules; you file them and pay the state’s fees directly. Rules and fees change — check the official state links before filing, and talk to a lawyer or accountant about your situation.