How to start an LLC in New York
New York is the only state in this course with a newspaper publication requirement, and it is the step that surprises people most, because in some counties it costs more than everything else combined. Get the sequence right and the process is manageable. Get it wrong and your LLC's authority to do business in New York can be suspended.
New York LLC facts at a glance
| Official filing agency | New York Department of State, Division of Corporations |
|---|---|
| Formation document | Articles of Organization |
| State filing fee | $200 |
| Filing methods | Online through New York Business Express, Mail to the Division of Corporations in Albany, In person or by fax with a prepaid account |
| Typical processing (recent) | 5-7 business days |
| Typical expedited processing | 24 hours ($75 for same day) for an extra $25 |
| Registered agent | See guide |
| Biennial Statement | $9, due Every 2 years, anniversary month |
| Late penalty | No cash penalty but LLC status flagged as past due |
| State-level business tax | $25-$4,500 annual filing fee based on New York-sourced gross income. |
| Publication requirement | Required. $500-$2,000+ (varies by county; NYC counties are highest) |
| Service of process | The New York Secretary of State is automatically the agent for service of process for every LLC. Naming an additional registered agent is optional, not a substitute. |
| Publication requirement | Within 120 days of formation, publish in two county designated newspapers for six consecutive weeks, then file a Certificate of Publication |
| Certificate of Publication fee | $50 to the Department of State, on top of the newspaper charges |
| Biennial Statement fee | $9 every two years |
| Name availability search | $5 per name submitted for an official availability check |
Processing times reflect recent official guidance and change often. Check the New York Department of State, Division of Corporations current processing calendar before you rely on a date.
File it yourself
New York accepts filings directly from business owners. You do not need us, or any other company, to form your LLC. Here is the official portal.
New York Business Express, the Department of State filing portalThe New York lessons
- 1Name your New York LLCDesignator rules, restricted words that need agency consent, and how the $5 name check works.
- 2Service of process and registered agentsWhy New York is different, what address goes public, and when a commercial agent helps.
- 3File the Articles of OrganizationThe $200 filing, what the form requires, county selection, and expedited service tiers.
- 4The New York publication requirementSection 206 in plain English: 120 days, two newspapers, six weeks, then the Certificate of Publication.
- 5EIN, IT-204-LL and New York taxesThe free federal EIN, the state annual filing fee, sales tax and the New York City layer.
- 6Biennial Statement and ongoing complianceThe $9 filing every two years, what it updates, and the rest of the annual rhythm.
Related Gullia Filing pages
Or let us file your New York LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Articles of Organization, act as your registered agent, and track your ongoing deadlines.
Official sources
- NY Department of State: Articles of Organization for a domestic LLC
- NY Department of State: forming a limited liability company in New York
- NY Department of State: fee schedules
- NY Department of State: certificate of publication for a domestic LLC
- NY Department of State: biennial statements
- NY Department of Taxation and Finance: LLC annual filing fee (IT-204-LL)
- NYC Department of Finance: Unincorporated Business Tax
- NY Business Express filing portal
- IRS: apply for an Employer Identification Number
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team, Corporate formation specialists and registered agents