How to Form an LLC in New York (2026)
The filing fee for a New York LLC is $200, filed through the New York Department of State. Standard processing takes 5-7 business days (online). This guide walks you through every step, from choosing a name to getting your EIN.
New York LLC at a Glance
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How to Start an LLC in New York: Step by Step
Choose a Name for Your New York LLC
Your LLC name must be distinguishable from any existing business registered with the New York Department of State. The name must include "Limited Liability Company," "LLC," or "L.L.C." as a designator.
Designate a Registered Agent in New York
New York requires every LLC to have a registered agent with a physical address in the state. Your registered agent receives legal documents, lawsuits, and official state correspondence on your behalf.
File Articles of Organization with New York
Submit your Articles of Organization (sometimes called a Certificate of Formation) to the New York Department of State. The filing fee is $200, and standard processing takes 5-7 business days (online).
Your articles typically require: LLC name, registered agent name and address, principal office address, organizer name, and whether the LLC is member-managed or manager-managed.
Create an Operating Agreement
While New York doesn't legally require an operating agreement, you need one. Banks require it to open a business account, and without one, your LLC defaults to state rules that may not match your intentions.
Get an EIN (Employer Identification Number)
An EIN is your LLC's tax ID number, issued by the IRS for free. You need it to open a business bank account, hire employees, and file taxes. Single-member LLCs without employees technically aren't required to have one, but you'll want one anyway for banking and to keep your SSN off business forms.
Publish Notice of Formation
New York requires LLCs to publish a notice of formation in two newspapers (one daily, one weekly) in your county for six consecutive weeks within 120 days of formation. After publication, file a Certificate of Publication with the NY Department of State ($50). Costs range from ~$200 (upstate) to $1,500+ (NYC).
Open a Business Bank Account
Open a dedicated business bank account immediately after formation. Mixing personal and business finances is the number one way owners accidentally pierce their LLC's liability protection. You'll need your Articles of Organization, EIN, operating agreement, and a government-issued ID.
New York LLC Cost Breakdown
Here's what you can expect to pay to form and maintain an LLC in New York.
| Cost Item | Amount | Frequency | Required? |
|---|---|---|---|
| State filing fee (Articles of Organization) | $200 | One-time | Yes |
| Registered agent service | $99-$299/yr | Annual | Yes |
| Annual report filing | $9 | Annual | Yes |
| EIN (Employer Identification Number) | Free (IRS) or $50-$100 (service) | One-time | Recommended |
| Operating agreement | Free (template) or $50-$200 | One-time | Recommended |
| Publication requirement | $200-$1,500+ | One-time | Yes (New York) |
| Estimated first-year total | $359+ (with registered agent service) | ||
What Makes New York Unique for LLCs
Publication Requirement
New York's publication requirement adds significant cost to LLC formation, especially in New York City where newspaper publication fees can exceed $1,500. Many formation services offer publication packages — Northwest Registered Agent can handle this for you. Tip: if your business address flexibility allows, forming in an upstate county can save hundreds on publication costs.
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New York LLC: Frequently Asked Questions
How much does it cost to form an LLC in New York?
The state filing fee to form an LLC in New York is $200. On top of that, you may need a registered agent service ($99-$199/year), an EIN (free from the IRS), and an operating agreement. New York also requires an annual report that costs $9 per year. Most formation services like Northwest Registered Agent charge $0 + state fees for basic formation.
How long does it take to get an LLC in New York?
Standard processing through the New York Department of State takes 5-7 business days (online). You can often speed this up by paying for expedited processing directly with the state or through your formation service. Online filings are typically faster than paper filings. Services like Northwest Registered Agent can help ensure your paperwork is correct the first time, avoiding delays from rejected filings.
Do I need a registered agent for my New York LLC?
Yes. New York requires every LLC to designate a registered agent with a physical street address in New York. The registered agent receives legal documents, tax notices, and official correspondence on behalf of your LLC. You can serve as your own registered agent, but this puts your home address on public record and requires you to be available during business hours. Most owners use a registered agent service ($99-$199/year) for privacy and convenience.
Does New York require an operating agreement for LLCs?
New York does not legally require an operating agreement, but you should absolutely have one. An operating agreement defines ownership percentages, member responsibilities, profit distribution, and procedures for adding or removing members. Most banks will require one when you open a business account, and without one, your LLC is governed by default state rules that may not match your intentions.
What is the publication requirement for New York LLCs?
New York requires LLCs to publish a notice of formation in two newspapers (one daily, one weekly) in the county where the LLC is located for six consecutive weeks within 120 days of formation. After publication, you must file a Certificate of Publication with the NY Department of State ($50 fee). Publication costs vary dramatically by county — from around $200 in upstate counties to $1,500+ in New York City. Failure to publish doesn't dissolve your LLC but can result in suspension of your authority to conduct business.
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