Starting a business in New York can be a rewarding endeavor, but forming an LLC in New York comes with specific requirements that differ from many other states. In this guide, we’ll walk you through the New York LLC formation process, including state fees, the publication requirement, and how to maintain your LLC properly.
Steps to Form a New York LLC
1. Choose a Unique Business Name
Your LLC’s name must be distinguishable and include “LLC” or “Limited Liability Company.” You can search name availability through the New York Department of State website.
2. File Articles of Organization
You need to file Articles of Organization (Form DOS-1336-f) with the New York Department of State. This can be done online or via mail.
- Filing Fee: $200 (one-time)
- Processing Time: Typically 7–10 business days (expedited options available)
3. Designate a Registered Agent
New York LLCs must have a Registered Agent who can receive legal documents on your behalf. You can choose a professional registered agent service to maintain privacy and ensure compliance.
4. Meet New York’s Publication Requirement
Within 120 days of formation, New York requires LLCs to publish a notice of formation in two newspapers for 6 consecutive weeks, then file a Certificate of Publication with a $50 filing fee.
- Publication Costs: Vary by county (approx. $150–$1,500+)
- Exemption Tip: Consider forming your LLC in counties with lower fees (e.g., Albany).
5. Create an Operating Agreement
Although not filed with the state, New York requires LLCs to adopt an Operating Agreement within 90 days of formation. This internal document outlines ownership, management, and responsibilities.
6. Apply for an EIN
Your LLC needs an Employer Identification Number (EIN) to open a bank account, hire employees, and file taxes. You can apply online with the IRS for free.
👉 How to Apply for an EIN Online – Complete Guide
New York LLC Costs Summary
| Service | Cost |
|---|---|
| Articles of Organization Filing Fee | $200 (one-time) |
| Publication Costs | $150–$1,500+ |
| Certificate of Publication Fee | $50 |
| Registered Agent Fee (optional) | $49–$150/year |
| Annual Filing Fee | $25–$4,500 (based on income) |
Annual Requirements for New York LLCs
- Biennial Statement: Due every 2 years – Filing fee $9
- LLC Annual Filing Fee (if income $25K+): Fee ranges from $25 to $4,500 based on gross income.
- Taxes: New York LLCs are subject to state taxes depending on income type and structure.
Why Start a New York LLC?
✅ Access to a large business market
✅ Legal protections for personal assets
✅ Tax flexibility for small businesses
✅ Great for real estate, tech, and service businesses
Conclusion
Forming an LLC in New York involves some unique steps, especially the publication requirement. However, with proper planning and guidance, you can establish your LLC and operate legally and successfully.
