How to Start an LLC in New York (2026)
Filing your New York LLC costs $200 with the Department of State, but the unique publication requirement adds several hundred dollars more. Here's exactly how to get through every step.
In This Article
What You'll Learn in This Guide
This guide walks you through every step to legally form a Limited Liability Company (LLC) in New York — from picking a name to staying compliant year after year. We've kept it practical, current, and free of unnecessary fluff.
Note
New York LLC formation costs $200 in state fees. Most founders complete the process in Immediate, either DIY or through a formation service starting at $0.
New York LLC: Quick Facts
Last Verified: Feb 2026- Filing Fee (Online)
- $200
- Processing Time
- Immediate
- Expedited Available
- No
- Biennial Statement
- $9 (biennial)*
- State Income Tax
- Yes
- Sales Tax Rate
- 4%
- Filed With
- New York Department of State,…**
- Last Verified
- February 21, 2026
* Biennial Statement: $9, due During the calendar month in which its original Articles of Organization or Application for Authority was filed, every two years.
** Filed With: New York Department of State, Division of Corporations
What Makes Forming a New York LLC Different
A New York LLC separates your personal assets from your business liabilities. If someone sues your company or it takes on debt, your home, savings, and personal property stay protected. That legal shield is the core reason founders form an LLC rather than operating as a sole proprietorship.
New York is one of only three states that requires a mandatory publication step after you file. You'll need to publish a notice of your LLC's formation in two newspapers for six consecutive weeks, then file a Certificate of Publication. Depending on which county your LLC is based in, this can cost anywhere from $600 to over $2,000 on top of your filing fee.
The actual formation process starts with choosing a name, picking a registered agent, and filing your Articles of Organization. After approval, you'll handle the publication requirement, get your EIN, draft an operating agreement (which New York law requires), and open a business bank account. Plan for 2 to 3 weeks of processing time if you file by mail, plus the six-week publication window after that.
Choose a Name for Your New York LLC
Your LLC name must meet New York's naming rules and be distinguishable from every other business on file with the Department of State.
New York has specific rules about what your LLC can and cannot be called. Your name must be distinguishable from any existing business entity filed with the Department of State. You can search the existing database at apps.dos.ny.gov before committing to a name.
Search available names →New York LLC Naming Requirements
Optional Name Reservation
- You can reserve your LLC name for 60 days before filing
- The reservation fee is $20
- Submit your request to the Division of Corporations
Pro Tip
Search for your desired name at the Department of State's business entity database before filing. It's free and saves you from a rejected filing.
Choose a Registered Agent in New York
New York automatically designates the Secretary of State as your agent for service of process, but you can also name a specific registered agent for your LLC.
A registered agent receives legal documents and official state correspondence on behalf of your LLC. In New York, the Secretary of State is automatically your agent for service of process, so any lawsuits or legal notices served through that office get forwarded to the address on your filing. You can also designate a separate registered agent, who must be a New York resident or a business entity authorized to operate in the state with a physical street address.
Your Registered Agent Options
- Rely on the Secretary of State as your default agent (no extra cost, but legal documents go to your LLC's listed address)
- Designate yourself if you have a physical New York address and are available during business hours
- Hire a professional registered agent service for privacy and reliability, typically $50 to $300 per year
State Specific
In New York, the Secretary of State automatically serves as the agent for service of process for every LLC. Any legal papers served through the Secretary of State get forwarded to the address you list in your Articles of Organization. You may also designate a separate registered agent if you prefer.
File Your Articles of Organization with New York
This is the official filing that creates your LLC. You'll submit Form DOS-1336-f to the New York Department of State, Division of Corporations.
You'll file Form DOS-1336-f (Articles of Organization) with the New York Department of State, Division of Corporations. The form asks for basic information: your LLC's name, county of office, and the address where the Secretary of State should forward any service of process. You can file online through the Department of State's portal or send a paper form by mail.
File Online
File by Mail
$600 - $2,000+
Publication Cost
varies by county
120 Days
Publication Deadline
after filing
$50
Certificate of Publication
filed after publishing
State Specific
New York requires a publication step after your Articles of Organization are filed. Within 120 days, you must publish a notice of formation in two newspapers (one daily, one weekly) in your LLC's county for six consecutive weeks. After publication, file a Certificate of Publication with the Department of State for a $50 fee. Publication costs range from roughly $600 to $2,000 depending on the county.
Pro Tip
Counties outside New York City tend to have significantly lower publication costs. If your business doesn't need a specific county address, choosing a less expensive county can save you over $1,000.
Important
Failing to complete the publication requirement within 120 days can result in your LLC losing its authority to conduct business in New York. Don't skip this step.
Recommended: ZenBusiness
Beginner-friendly LLC formation with transparent pricing and a free starter option. From $0 + state fees.
Get an EIN for Your New York LLC
Your EIN is a federal tax ID number issued by the IRS. You'll need it to open a bank account, hire employees, and file taxes.
Apply for your EIN directly on the IRS website at no cost. The online application takes about 10 minutes, and you'll receive your number immediately. You need an EIN even if you're a single-member LLC, because banks and the state tax department will ask for it.
Apply for your EIN on IRS.gov →Create an Operating Agreement for Your New York LLC
New York law requires every LLC to have an operating agreement. It doesn't need to be filed with the state, but it must exist.
Your operating agreement is the internal document that defines how your LLC is owned, managed, and run. Even if you're the only member, New York requires you to have one. It protects your limited liability status and prevents default state rules from governing your business in ways you might not expect.
Key Sections to Include
State Specific
New York is one of the few states that legally requires an operating agreement for LLCs. Under Section 417 of the NY LLC Law, every LLC must adopt a written operating agreement. You don't file it with the state, but you need to have one on record.
Open a Business Bank Account for Your LLC
A separate bank account keeps your personal and business finances distinct, which is essential for maintaining your LLC's liability protection.
Mixing personal and business money is one of the fastest ways to lose your LLC's liability protection. A court can "pierce the corporate veil" if it finds you treated LLC funds as your own. Open a dedicated business checking account as soon as your LLC is approved and run all business income and expenses through it.
What to Bring When Opening Your Account
- Filed Articles of Organization (stamped or confirmed copy from the Department of State)
- Your EIN confirmation letter from the IRS
- A copy of your operating agreement
- A valid government-issued photo ID
- An initial deposit (amount varies by bank)
Publication Requirement
New York requires LLCs to publish a notice of formation in a local newspaper.
Notice of formation must be published in two newspapers (one daily, one weekly) for six consecutive weeks in the county where the LLC's office is located. This must be completed within 120 days after the Articles of Organization are effective. After publication, a Certificate of Publication must be filed with the Department of State, which has a 50 filing fee. Publication costs can range from approximately 600 to 2000, depending on the county.
Important
Failure to meet the publication deadline can result in the suspension of your LLC.
Top 3 LLC Formation Services
We've independently reviewed the top LLC formation services in New York. Here's how they compare.
| Feature | ZenBusiness Best Overall Value | Northwest Registered Agent Best Privacy | Tailor Brands Best for Branding |
|---|---|---|---|
| Starting Price | $0 + state fees | $39 + state fees | $0 + state fees |
| Formation Speed | 1-10 business days | Same-day filing | 2-14 business days |
| Support | Phone, Chat, Email | Lifetime Corporate Guides | Phone, Chat, Email |
| States Covered | 50 states | 50 states | 50 states |
| In Business Since | 2015 | 1998 | 2014 |
| Get Started → | Get Started → | Get Started → |
Frequently Asked Questions
What to Do Next
Once your New York LLC is approved, take these steps to set your business up for success.
Get an EIN
Apply for free in about 10 minutes at IRS.gov — required before opening a bank account or hiring anyone.
Open a Business Bank Account
Keep personal and business finances separate from day one. Bring your EIN, Articles of Organization, and a government ID.
Create an Operating Agreement
Even if New York does not require one, an operating agreement protects your liability shield and defines how the LLC is managed.
File Your Biennial Statement
Set a calendar reminder now. Missing your Biennial Statement deadline can result in late fees or administrative dissolution.
Ready To File?
Start your New York LLC with ZenBusiness — guided filing and compliance support included.
About the Author
Legal & Compliance Analyst
Daniel grew up in the shadow of Silicon Valley but chose the legal route over engineering, working as a paralegal for a corporate law firm specializing in mergers and acquisitions. He realized that early-stage founders were constantly making catastrophic legal mistakes because they couldn't afford a $500/hour attorney, prompting his move to B2B media.
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