How to Start an LLC in New York (2026)
You form a New York LLC by filing Articles of Organization with the New York Department of State, Division of Corporations. The fee is $200. New York also requires new LLCs to publish notice of formation in two newspapers.
This guide covers forming a new domestic LLC, one that will operate in New York. If your LLC already exists in another state and you want to do business here too, you'll file an Application for Authority instead of Articles of Organization.
Quick Summary
- Check your name before you file. New York rejects any LLC name that isn't distinguishable from one already registered with the state.
- Don't skip the publication step. New York suspends an LLC's authority to do business if you don't file proof of publication in time.
- Mark your Biennial Statement date. Miss it and New York marks your LLC past due, which can block routine paperwork until you catch up.
New York LLC Requirements at a Glance
New York automatically makes the Secretary of State your LLC's registered agent. There's no franchise tax, just a $9 Biennial Statement due every two years.
| LLC requirement | State-specific answer |
|---|---|
| Filing document | Articles of Organization (Form DOS-1336-f) |
| Filing authority | New York Department of State, Division of Corporations, State Records and Uniform Commercial Code |
| State filing fee | $200 |
| Online filing | Yes, the Department of State's eCorp online filing system |
| Processing time | Online: acknowledgment within minutes. Mail: not published. Expedited: $25 (24-hour), $75 (same-day) or $150 (2-hour) |
| Registered agent | The Secretary of State automatically serves as your LLC's agent for service of process. You may designate your own New York agent instead |
| Annual report | Biennial Statement, $9, due every two years in your original filing month, filed online via the e-Statement Filing Service |
| Publication required? | Yes. Two newspapers for six consecutive weeks, then a $50 Certificate of Publication within 120 days of formation |
| State business tax | No franchise tax. LLCs with New York-source income pay an annual filing fee ($25-$4,500) to the Department of Taxation and Finance on Form IT-204-LL |
| Last verified | September 4, 2026 |
How to Start an LLC in New York: 6 Steps
New York's formation process has six required moves. Handle them in order to avoid an unpublished LLC or a name that bounces back for not being distinguishable.
Step 1: Choose and check your LLC name
Your name has to end with "Limited Liability Company," "LLC" or "L.L.C." It also has to be different enough from every other name on file with the Department of State.
Run it through the Corporation and Business Entity Database first. Our guide on looking up an LLC in New York walks through that search step by step.
If you're not ready to file yet, you can reserve a name for 60 days for a $20 fee. Words like "bank," "insurance" or "attorney" need approval from another state agency, and some are banned outright.
Step 2: Confirm your registered agent
New York doesn't make you name your own registered agent. The Secretary of State automatically serves as your LLC's agent for service of process instead.
You can still designate your own registered agent with a New York address if you'd rather someone other than the state handle your legal mail. A registered agent service in New York can take on that job for you.
Step 3: File the Articles of Organization with the Department of State
The Articles of Organization is the document that creates your LLC. It only asks for your LLC's name, your county and the address where the Secretary of State should forward legal papers.
You can file it online through the state's eCorp system or by mail. The facts box above has the current filing fee for both channels.
To skip the paperwork, a New York LLC formation service will file it on your behalf. The section below breaks down every field on that form.
Step 4: Create an operating agreement
New York requires every LLC to adopt a written operating agreement [1]. You can sign it before you file, at the same time or within 90 days after.
It's an internal document that spells out how members run the business, and you don't file it with the state.
Step 5: Get an EIN
An EIN is free at irs.gov, and the IRS issues it immediately once you finish the online application. You'll need one before registering with the Department of Taxation and Finance for the annual filing fee.
Step 6: Publish notice of your LLC
New York's own extra requirement: publish a notice of formation in two newspapers your county clerk picks, for six consecutive weeks. Then file a Certificate of Publication with the Department of State.
Miss the 120-day window, and the state suspends your LLC's authority to do business until you catch up. Filing the certificate afterward lifts the suspension.
Filing the Articles of Organization in New York: What to Expect
Form DOS-1336-f [2] keeps New York's Articles of Organization to four short parts. Here's what each one asks for, along with the fee, the timeline and what happens after you file.
1. What the form asks for
First, your LLC's exact name, typed the same way in all three spots on the form. Second, the New York county where your office sits, instead of a full street address.
Third, a designation of the Secretary of State as your agent for service of process. You add the mailing address, and an optional email, where the state should forward legal papers.
Fourth, the organizer's signature and printed name. There's no field for members, managers, purpose or duration, since the Articles of Organization asks only for what's listed above.
2. Fee and payment methods
The filing fee is $200, payable by money order, Mastercard, Visa or American Express. Paying by card means signing a Credit Card/Debit Card Authorization Form.
Send the signed authorization form in with your Articles of Organization, since the Department doesn't take card numbers over the phone.
3. Processing times
New York doesn't publish a standard turnaround for regular mail filings. Filing online gets you an emailed acknowledgment with your filing receipt attached within minutes, though that confirms receipt rather than final approval.
If you need it faster, expedited service adds $25 for 24-hour handling, $75 for the same day or $150 for a two-hour turnaround.
Our guide on how long it takes to form an LLC in New York breaks down the full timeline, including what happens after the state receives your filing.
| Filing method | Processing time |
|---|---|
| Online | Not published as a fixed turnaround. The Department emails a filing acknowledgment and receipt within minutes of submission |
| Not published | |
| In person | Not offered as expedited processing. Walk-in drop-off only at the Division's 6th-floor office, 9:00 a.m.-4:30 p.m. Monday-Friday |
| Expedited | $25 within 24 hours, $75 same day, $150 within 2 hours |
| Current state estimate | Not published. The Department's service-alert page carries no current backlog or turnaround notice |
4. Where to file by mail or in person
Mail your Articles of Organization to the Division of Corporations at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
The Division doesn't process walk-in filings over the counter, but you can drop documents at its 6th-floor office at the same address, open 9:00 a.m. to 4:30 p.m. Monday through Friday. You can also file online or email your documents in.
5. Common reasons filings are rejected
The Department's own instructions point to a few usual culprits. A name too similar to one already on file is one reason.
So is the LLC name typed differently in the three spots on the form. An illegible submission counts too: colored ink, dark paper or a condensed font.
A missing filer name and address on the cover sheet holds things up too. Any of these comes back as a rejection letter describing exactly what to fix.
6. What you receive when it is approved
Once the Department approves your filing, it emails you an acknowledgment with your stamped receipt attached as a PDF, usually within minutes for online submissions. Paper filers get the receipt back by first-class mail instead.
That receipt is your only proof of filing, so keep a copy. The Department won't reissue one if you lose it.
What It Costs to Start an LLC in New York
New York tacks on a mandatory $50 Certificate of Publication fee most other states skip. Everything past that in the table below is optional.
| Cost item | Amount |
|---|---|
| State filing fee | $200 |
| Name reservation | $20 for a 60-day reservation |
| Registered agent | $0. The Secretary of State serves as agent for every LLC by law at no charge. A privately designated agent sets its own fee instead |
| Certified copy | $10 (uncertified copy $5) |
| Expedited filing | $25 for 24-hour processing, $75 for same-day, $150 for 2-hour processing (per document, in addition to the filing fee) |
| Annual report | Biennial Statement, $9, due every two years in your original filing month, filed online via the e-Statement Filing Service |
| Other mandatory state fees | Certificate of Publication filing fee, $50 (in addition to the newspapers' own publication charges, which the state doesn't set) |
New York requires two mandatory fees to form an LLC: the Articles of Organization filing fee and the Certificate of Publication fee once you've run your newspaper notices. The cost table above has both amounts.
Name reservation, expedited processing and a certified copy are optional add-ons you can skip if you're not in a hurry. See our full breakdown of what an LLC costs in New York for ongoing expenses beyond formation.
New York-Specific Rules That Change the Process
The rules below cover six ways New York works differently. They include professional licensing and foreign LLC registration. Another is the annual filing fee that replaces a franchise tax.
1. Naming rules and restricted words
Beyond the designator and distinguishability rules covered in Step 1, a few word choices need extra sign-off. Words tied to banking, insurance or legal practice need consent from another state agency, or aren't allowed at all.
Names suggesting a school, like "university" or "academy," need consent from the Board of Regents or the Commissioner of Education first.
2. Professional LLC rules
Licensed professionals, accountants or engineers among them, use a separate Articles of Organization for a Professional Service LLC. It costs the same as the standard filing fee shown in the facts box above.
You also have to attach a Certificate of Good Standing from the Appellate Division, or a Certificate of Authority from the State Education Department, before the Department will accept the filing.
3. Member and manager disclosure
Neither the Articles of Organization nor the Biennial Statement asks for your members' or managers' names. The Articles record only your LLC's county and the address the Secretary of State will use for legal papers.
The Biennial Statement just updates that same address. Only the organizer's name and the filer's contact information become part of the public record.
4. Registering as a foreign LLC
An LLC formed in another state registers to do business in New York by filing an Application for Authority. The fee is $250, paid to the same Division that handles domestic filings.
You'll also need to attach a Certificate of Existence or Good Standing from your home state before the Division will accept your filing.
5. New York's business license system
There's no single statewide business license every LLC needs. The Department of State issues licenses for specific professions instead, real estate, cosmetology and security guard work among them.
It issues them through the New York Business Express portal, and your city or county handles any local permits beyond that.
6. The annual filing fee
New York doesn't charge LLCs a franchise tax. Most LLCs with income from New York sources instead owe an annual filing fee to the Department of Taxation and Finance, on Form IT-204-LL [3].
The fee starts at $25 and climbs with your New York-source gross income, up to $4,500 for LLCs with $25,000,000 or more. It's due the 15th day of the third month after your tax year ends.
What to Do After Your New York LLC Is Approved
New York checks in on your LLC through the Biennial Statement, so line up your bank account, licenses and tax accounts before that filing comes due.
Open a business bank account. Take your stamped Articles of Organization and your EIN to open it. Keeping business money separate from personal money is what keeps your liability protection intact.
New York doesn't issue one general business license. Check the state's Licensing Services office for anything tied to your profession, then check with your city or county for local permits.
Register for state taxes. If your LLC has New York-source income, you'll likely owe the annual filing fee described above.
You may also need sales tax or withholding accounts, depending on what you sell and whether you have employees. Our guide to filing LLC taxes in New York walks through those accounts.
File your Biennial Statement every two years, in the month you originally filed, to stay in good standing. If your agent or address changes, see our guide on how to change your registered agent in New York.
Our main guide on how to start an LLC covers the general steps that apply beyond New York's own rules.
| Compliance item | Deadline, fee and department |
|---|---|
| Initial report | None required. New York has no separate initial report, and the first Biennial Statement is due two years after formation |
| Annual or biennial report | Biennial Statement, $9, due every two years in the LLC's original filing month, Department of State, Division of Corporations |
| State tax registration | LLCs with New York-source income file Form IT-204-LL and pay the annual filing fee ($25-$4,500) with the Department of Taxation and Finance |
| Renewal deadline | Not applicable. New York has no statewide LLC business-license renewal, since deadlines depend on the specific profession or local permit involved |
| Late fee | None published. A late filing gets marked "past due," which can block a Certificate of Status until resolved |
| Responsible state department | New York Department of State, Division of Corporations (filings); New York State Department of Taxation and Finance (taxes) |
FAQs
Can I Use My Home Address for a New York LLC?
Yes, you can use your home address as the mailing address your LLC gives the state, since the Articles of Organization only asks for a forwarding address. That address becomes public record, so some owners use a registered agent's address instead.
Can I Be My Own Registered Agent in New York?
Yes, you can be your own registered agent in New York if you have a physical New York address. The Secretary of State only steps in automatically when you don't name someone yourself.
How Much Does New York's Biennial Statement Cost?
New York's Biennial Statement costs $9. You'll owe it every two years, timed to the month you first filed your Articles of Organization.
Is New York's Operating Agreement Requirement Enforced?
No, New York's statute never says what happens if you skip the written operating agreement it requires. The document stays internal, so nothing forces you to produce it unless a dispute lands in court.
Does New York's Articles of Organization Ask for Members' Names?
No, New York's Articles of Organization doesn't ask for members' or managers' names. It only records your LLC's county, the organizer's name and the address for service of process.
What Happens If I Miss New York's Biennial Statement Deadline?
New York won't dissolve your LLC for missing the Biennial Statement deadline, but it does flag your filing as past due. That flag can hold up a Certificate of Status until you catch up.
References:
1. https://www.nysenate.gov/legislation/laws/LLC
2. https://dos.ny.gov/articles-organization-domestic-limited-liability-company
3. https://www.tax.ny.gov/pit/efile/annual_filing_fee.htm
