How to Start an LLC in New York
Filing Fee: $200 | Publication: $300-1,200+ | Processing Time: 1-3 weeks
Important New York LLC Warning
New York has a unique and expensive requirement called the Publication Requirement. Within 120 days of formation, you must publish a notice of your LLC formation in two newspapers (one daily, one weekly) in the county where your office is located. This can cost anywhere from $300 to over $1,200 depending on the county.
New York LLC Costs
$200
Filing Fee
$9
Biennial Report
$300+
Publication Cost
6 Steps to Form an LLC in New York
1Choose a Name for Your New York LLC
Your New York LLC name must:
- Include "Limited Liability Company," "LLC," or "L.L.C."
- Be distinguishable from other New York businesses
- Not use restricted words without proper licensing
2Check Name Availability
Search the New York Department of State database at apps.dos.ny.gov/publicInquiry to verify your name is available.
3File Articles of Organization
File Form DOS-1336 with the New York Department of State:
- By Mail: Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Ave, Albany, NY 12231
- In Person: Same address
- By Fax: (518) 474-1418
Filing Fee: $200
Processing: 1-3 weeks (expedited options available for additional fees)
4Publish Notice of LLC Formation
This is the expensive New York requirement. Within 120 days of formation:
- Publish in one daily newspaper and one weekly newspaper in the county where your office is located
- Run the notice once a week for six consecutive weeks
- Cost varies by county: NYC ($1,000-1,500+), Albany ($300-500), others vary
- File Certificate of Publication with the state after completion
Tip: To save money, use a registered agent service in Albany County (where publication costs are much lower) instead of NYC.
5Create an Operating Agreement
New York LLCs are required by law to have a written Operating Agreement. This must be adopted within 90 days of formation.
6Obtain an EIN
Get your EIN from the IRS for tax purposes.
New York LLC Ongoing Requirements
Biennial Statement
Due: Every two years by the end of your anniversary month
Fee: $9
File online at the Department of State website.