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

Starting a New York LLC requires a $200 Articles of Organization filing fee paid to the New York Department of State. Beyond the filing fee, New York's mandatory publication requirement is an added cost: publication in two newspapers designated by the county clerk for 6 consecutive weeks. The newspapers set their own rates, and we found no published rate for the required daily paper in any county, so no total can be given. Exception: the publication county is the county where the LLC's office is located, so the designated papers and their rates follow that county. The biennial report is only $9, due every two years in your anniversary month. File online at dos.ny.gov to start your formation.

What is New York's publication requirement for LLCs?

New York law requires all LLCs to publish formation notices in two county-designated newspapers for 6 consecutive weeks within 120 days of formation, for example, if you form in March, your 6-week publication run must be completed by mid-July. The Articles of Organization are filed with the New York Department of State, and the county clerk then designates the specific newspapers you must use. This requirement is mandatory with no exceptions for most LLCs; failure to complete publication suspends your LLC's authority to conduct business in New York. Exception: New York City LLCs may need to publish in borough-specific newspapers to satisfy the county requirement, which drives up costs significantly in Manhattan. The newspapers set their own rates, and we found no published rate for the required daily paper in any county, so no total can be given. Begin arranging publication immediately after your LLC is approved to meet the 120-day deadline.

How long does it take to form an LLC in New York?

New York publishes no standard processing time for Articles of Organization, so nobody can honestly quote you one. The Department of State publishes expedited handling tiers but no standard non-expedited turnaround time for Articles of Organization. What the New York Department of State, Division of Corporations does publish is a price for speed: $25 for 24-hour, $75 for Same day, and $150 for 2-hour. Those are firm commitments, and they're the only way to get a guaranteed date. File online where the state offers it. Every state that discusses the difference says online is faster than mail, and treat any specific day count you see quoted for New York as unsourced.

Do I need a registered agent for my New York LLC?

Yes, New York requires all LLCs to designate a registered agent, called the 'registered agent for service of process', with a physical street address in the state when filing Articles of Organization with the New York Department of State. The agent receives legal documents, lawsuits, and official correspondence on behalf of your LLC during normal business hours. This can be yourself, another individual, or a professional registered agent service. For example, if your LLC is sued, the court papers will be served at your registered agent's address; if no one is available to accept service, you risk a default judgment. Exception: a P.O. box isn't acceptable. The agent must have a verifiable physical street address in New York. If you move or change agents, update the Department of State promptly to avoid missing critical notices. Hire a professional service for reliable coverage.

What ongoing requirements does a New York LLC have?

New York LLCs must file a biennial report every two years in their anniversary month with a $9 fee paid to the New York Department of State, for example, an LLC formed in June 2026 files its first biennial report in June 2028. Beyond the biennial report, you must maintain a current registered agent with a valid New York street address at all times, and keep your LLC in good standing by complying with applicable business licenses and state tax obligations. New York also imposes income tax on LLC profits, so members must account for state tax filings annually. Exception: LLCs that fail to complete the initial 120-day publication requirement remain suspended from conducting business until the requirement is satisfied, even years later. Stay current on all filings to avoid penalties or dissolution.

Can I form a New York LLC if I live out of state?

Yes, non-residents can form New York LLCs by filing Articles of Organization with the New York Department of State and paying the $200 filing fee. There's no state residency requirement for LLC members or organizers. However, you must still designate a registered agent with a physical New York street address, which typically means hiring a professional registered agent service if you've no contacts in the state. You must also comply with the mandatory publication requirement: within 120 days of formation, you must arrange publication in two county-designated newspapers for 6 consecutive weeks in the county of your registered office. Exception: out-of-state owners who choose a registered agent in a lower-cost county can significantly reduce publication expenses compared to using a Manhattan address. File online at dos.ny.gov for the fastest approval, then promptly arrange newspaper publication to keep your LLC in good standing.

How to Start an LLC in New York: Complete 2026 Guide

Form your New York LLC with our step-by-step guide covering all state requirements, including mandatory publication.

By Edmond Hui · Last updated: October 2026

Filing an LLC in New York costs $200 upfront and has a biennial report due anniversary month ($9). New York publishes no standard processing time. See breakdown below.

New York publishes no LLC processing time, and its biennial report is the only deadline it does fix

The New York Department of State, Division of Corporations sells speed instead of promising it: $25 for 24-hour, $75 for Same day, and $150 for 2-hour. Treat any specific day count you see quoted for New York with suspicion. It didn't come from the state. Plan around the filing itself, and buy an expedite tier if your timing is genuinely fixed.

Source: MyStateLLC 50-state primary-source processing verification, July 2026

Read this guide for another state:

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Form your LLC with Northwest ($39 + state fee)Includes a year of registered agent service. After year one, registered agent service is $125/yr. That enrolls you by default in biennial report filing at $100 plus state fees per report, charged automatically to your saved payment method and cancellable any time.

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Quick Facts

State filing fee	$200
Processing time	Not published by the state
Annual report due	Anniversary month (biennial)
Annual report fee	$9
State income tax	Members pay 3.90% to 10.90% on pass-through profits. The LLC owes an annual filing fee of $25 to $4,500 based on New York source gross income, and an LLC operating in the city also owes NYC Unincorporated Business Tax

Source: New York Department of State, Division of Corporations (verified June 2026)

Step diagram for forming an LLC in New York, showing the 7 required steps, $200 state filing fee, $9 annual report. — The 7 steps to form an LLC in New York, with the state's own filing fee and annual report cost. Source: New York Department of State, Division of Corporations, verified June 2026.

How to Form an LLC: Step-by-Step

1
Choose Your New York LLC Name
Select a unique name ending with 'LLC' or 'Limited Liability Company'. Check availability using the New York Department of State's business entity search. Your name can't be too similar to existing businesses and must comply with New York naming rules.
How to search New York's business entity records →
Pro tip: Reserve your name for 60 days by filing a Name Reservation Application if you're not ready to form immediately.
2
Designate the Secretary of State as Your Agent (Registered Agent Optional)
New York makes the Secretary of State the agent for service of process of every New York LLC, and your Articles of Organization must designate it. On the form you give the post office address, in or outside New York, where the Secretary of State will mail a copy of any legal papers served on the LLC. Naming a registered agent as well is optional. If you name one, it must be a person who lives in New York or has a New York business address, or a corporation or LLC formed or authorized to do business in New York.
New York registered agent rules, costs and options →
Pro tip: Pick a mailing address that someone checks reliably, because legal papers the Secretary of State forwards go there. A professional registered agent is optional in New York.
3
File Articles of Organization
Submit your Articles of Organization to the New York Department of State with the $200 filing fee. File online at dos.ny.gov for fastest processing.
What You File in New York
In New York, the formation document is the Articles of Organization (Form DOS-1336-f), filed with the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code. The state filing fee is $200. New York lets you fill in and file the Articles of Organization online. The form itself requires the LLC's name, a mailing address, the organizer's name and the county. New York also requires, with the Articles of Organization or after it: Certificate of Publication. Every line of the Articles of Organization, field by field →
Processing Times
- Online: Not published, New York Department of State, Division of Corporations states no standard turnaround for online filings
- Mail: Not published, New York Department of State, Division of Corporations states no standard turnaround for mailed filings, and every state that comments says mail is slower than online
- Expedited: $25 for 24-hour, $75 for Same day, and $150 for 2-hour
Pro tip: The Department of State publishes no standard turnaround, only paid handling tiers: $25 for 24-hour, $75 for same day, $150 for 2-hour. File online regardless. It avoids mail transit on top of whatever the review takes.
4
Create an Operating Agreement
Draft a written operating agreement outlining ownership percentages, management structure, and operational procedures. New York law requires the members to adopt one, before the Articles of Organization are filed, when they are filed, or within 90 days after. It also helps prevent disputes between members.
New York LLC operating agreement: what to include →
Pro tip: Even single-member LLCs should have an operating agreement to establish separation between personal and business assets.
5
Complete Publication Requirement
New York requires LLCs to publish formation notices in two newspapers for 6 consecutive weeks within 120 days of filing. The county clerk designates specific newspapers. Costs range from $200-$300 in rural counties to $1,500-$2,000+ in Manhattan. Failure to publish suspends your LLC's authority to conduct business.
New York is one of the last states to require LLC publication. You must publish a notice of your LLC's formation in two newspapers (one daily, one weekly) in the county where your LLC's principal office is located for six consecutive weeks. The newspapers must be designated by the county clerk. After publication is complete, each newspaper provides an Affidavit of Publication. Both affidavits must be filed with the Department of State along with a $50 filing fee within 120 days of your LLC's formation date. If you fail to complete publication within this window, the LLC's authority to carry on business is suspended (though not dissolved) until publication is completed. The newspapers set their own rates, and we found no published rate for the required daily paper in any county, so no total can be given.
What to Fill In
- LLC name (must match the approved Articles of Organization exactly)
- Date of filing of Articles of Organization
- County of principal office (determines which newspapers to use)
- Registered agent name and address
- Secretary of State as agent (if no registered agent is designated)
- Name and address of person responsible for the filing
Common Rejection Reasons
- Publication not completed within 120 days of LLC formation
- Published in the wrong county (must match county of principal office on file)
- Newspapers used weren't designated by the county clerk for LLC publication
- Affidavit of Publication not filed with the Department of State after the six-week run
- $50 affidavit filing fee not included
Processing Times
- Online: Affidavit filing with DOS: 1 to 3 business days after submission; newspapers set their own publication schedules (6 weeks minimum)
- Mail: 6 weeks for newspaper publication, then 1 to 2 weeks to file affidavits by mail
After Approval
Once both affidavits are accepted by the Department of State, your LLC's publication requirement is complete and your authority to do business is confirmed. Request certified copies of the filed affidavits for your records. At this point you can proceed to apply for your federal EIN and open your business bank account. Many formation services and attorneys offer to handle the publication process on your behalf for a flat fee, which can simplify the newspaper coordination significantly, especially for out-of-state owners unfamiliar with the local newspaper landscape.
Pro tip: Start the publication process immediately after formation since you only have 120 days to complete it.
6
Obtain an EIN from the IRS
Apply for an Employer Identification Number (EIN) through the IRS website, even if you don't plan to hire employees. Most banks ask for an EIN to open a business account, and some business licenses ask for one.
How to get your LLC's EIN from the IRS, free →
Pro tip: The IRS EIN application is free - avoid third-party services that charge fees for this simple process.
7
Open a Business Bank Account and Obtain Licenses
Open a dedicated business bank account using your Articles of Organization and EIN. Research any required business licenses or permits for your specific industry through New York's licensing database or local municipality requirements.
Business bank accounts for New York LLCs →
Does your New York LLC need a business license? →
Pro tip: Keep business and personal finances completely separate to maintain your LLC's liability protection.

Watch: How to Start an LLC in New York (2026): Step-by-Step Guide

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each Secretary of State publishes for forming an LLC, with the sources this page cites. It cannot tell you what your own filing needs: fees and forms change between our reviews, several occupations cannot use an ordinary LLC at all and must use a professional entity, and your city or county may require a registration of its own. Confirm the current fee and form with the filing office named on this page before you send anything.

Frequently Asked Questions

: Starting a New York LLC requires a $200 Articles of Organization filing fee paid to the New York Department of State. Beyond the filing fee, New York's mandatory publication requirement is an added cost: publication in two newspapers designated by the county clerk for 6 consecutive weeks. The newspapers set their own rates, and we found no published rate for the required daily paper in any county, so no total can be given. Exception: the publication county is the county where the LLC's office is located, so the designated papers and their rates follow that county. The biennial report is only $9, due every two years in your anniversary month. File online at dos.ny.gov to start your formation.
: New York law requires all LLCs to publish formation notices in two county-designated newspapers for 6 consecutive weeks within 120 days of formation, for example, if you form in March, your 6-week publication run must be completed by mid-July. The Articles of Organization are filed with the New York Department of State, and the county clerk then designates the specific newspapers you must use. This requirement is mandatory with no exceptions for most LLCs; failure to complete publication suspends your LLC's authority to conduct business in New York. Exception: New York City LLCs may need to publish in borough-specific newspapers to satisfy the county requirement, which drives up costs significantly in Manhattan. The newspapers set their own rates, and we found no published rate for the required daily paper in any county, so no total can be given. Begin arranging publication immediately after your LLC is approved to meet the 120-day deadline.
: New York publishes no standard processing time for Articles of Organization, so nobody can honestly quote you one. The Department of State publishes expedited handling tiers but no standard non-expedited turnaround time for Articles of Organization. What the New York Department of State, Division of Corporations does publish is a price for speed: $25 for 24-hour, $75 for Same day, and $150 for 2-hour. Those are firm commitments, and they're the only way to get a guaranteed date. File online where the state offers it. Every state that discusses the difference says online is faster than mail, and treat any specific day count you see quoted for New York as unsourced.
: Yes, New York requires all LLCs to designate a registered agent, called the 'registered agent for service of process', with a physical street address in the state when filing Articles of Organization with the New York Department of State. The agent receives legal documents, lawsuits, and official correspondence on behalf of your LLC during normal business hours. This can be yourself, another individual, or a professional registered agent service. For example, if your LLC is sued, the court papers will be served at your registered agent's address; if no one is available to accept service, you risk a default judgment. Exception: a P.O. box isn't acceptable. The agent must have a verifiable physical street address in New York. If you move or change agents, update the Department of State promptly to avoid missing critical notices. Hire a professional service for reliable coverage.
: New York LLCs must file a biennial report every two years in their anniversary month with a $9 fee paid to the New York Department of State, for example, an LLC formed in June 2026 files its first biennial report in June 2028. Beyond the biennial report, you must maintain a current registered agent with a valid New York street address at all times, and keep your LLC in good standing by complying with applicable business licenses and state tax obligations. New York also imposes income tax on LLC profits, so members must account for state tax filings annually. Exception: LLCs that fail to complete the initial 120-day publication requirement remain suspended from conducting business until the requirement is satisfied, even years later. Stay current on all filings to avoid penalties or dissolution.
: Yes, non-residents can form New York LLCs by filing Articles of Organization with the New York Department of State and paying the $200 filing fee. There's no state residency requirement for LLC members or organizers. However, you must still designate a registered agent with a physical New York street address, which typically means hiring a professional registered agent service if you've no contacts in the state. You must also comply with the mandatory publication requirement: within 120 days of formation, you must arrange publication in two county-designated newspapers for 6 consecutive weeks in the county of your registered office. Exception: out-of-state owners who choose a registered agent in a lower-cost county can significantly reduce publication expenses compared to using a Manhattan address. File online at dos.ny.gov for the fastest approval, then promptly arrange newspaper publication to keep your LLC in good standing.

Sources

10 documents

Each entry below is a document recorded in our verified New York sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.

New York statute: N.Y. LLC Law § 301 (Secretary of State as agent)
New York statute: § 302 (registered agent)
New York statute: New York LLC Law § 417 (operating agreement)
dos.ny.gov/forming-limited-liability-company-new-yorkNew York Department of State, Division of Corporations: business entity filings
dos.ny.gov/fee-schedulesNew York LLC filing fees
nysenate.gov/legislation/laws/LLC/301New York statute: Biennial Statement
dos.ny.gov/articles-organization-domestic-limited-liability-company-0New York agency guidance: Biennial Statement
dos.ny.gov/biennial-statements-business-corporations-and-limited-liability-companiesNew York agency guidance: Biennial Statement
nysenate.gov/legislation/laws/TAX/658New York statute: Annual Filing Fee
tax.ny.gov/pit/efile/annual_filing_fee.htmNew York State Department of Taxation and Finance: file the Annual Filing Fee

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$39 with Northwest, plus your $200 state fee. Northwest's $39 includes a year of registered agent service.

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Prefer to file directly? File yourself at the Secretary of State → ($200 state fee, no service fee)

Not sure which service is right? Compare formation services →

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

How we check facts

Quick Facts

How to Form an LLC: Step-by-Step

Choose Your New York LLC Name

Designate the Secretary of State as Your Agent (Registered Agent Optional)

File Articles of Organization

What You File in New York

Processing Times

Create an Operating Agreement

Complete Publication Requirement

What to Fill In

Common Rejection Reasons

Processing Times

After Approval

Obtain an EIN from the IRS

Open a Business Bank Account and Obtain Licenses