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Form an LLC in New York

How to start an LLC in New York.

What the state asks for, what it charges, and what to file after you form. Fees checked against official New York sources in .

New LLCs must publish notices in two newspapers within 120 days, which can cost hundreds or more.

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New York at a glance

State filing fee
$200
Articles of Organization
Biennial Statement
$9
Every two years
Filed with
New York Department of State, Division of Corporations
Operating agreement
Required by statute (written, within 90 days of filing the Articles)

Biennial statement every two years, $9 These are the state's own fees, separate from ours, and they can change. Confirm with the New York Department of State, Division of Corporations before you file.

Forming an LLC in New York, step by step.

  1. 1

    Choose a name and check it

    Your name needs "LLC" or a similar designator and must be distinguishable from names on record. Search the New York business database first.

  2. 2

    Set a registered agent

    New York names the Secretary of State as every LLC's agent for service of process, so a separate registered agent is optional.

  3. 3

    File the Articles of Organization

    File with the New York Department of State, Division of Corporations. The state fee is $200.

  4. 4

    Write an operating agreement

    Required by statute (written, within 90 days of filing the Articles). Either way it sets ownership, money, and decisions in writing. See the operating agreement guide.

  5. 5

    Get an EIN

    The business's federal tax ID, free from the IRS. Our EIN assistance can prepare it.

  6. 6

    Publish notice of formation

    Within 120 days of formation, the LLC must publish a notice in two newspapers chosen by the county clerk for six consecutive weeks and file a Certificate of Publication ($50), or its authority to do business is suspended.

  7. 7

    Register for sales tax if you sell taxable items

    New York issues a Certificate of Authority through the New York State Department of Taxation and Finance. Check local licenses too.

  8. 8

    File your Biennial Statement

    Every two years: every two years in the month the articles were filed. The fee is $9.

General information, not legal or tax advice. State rules and fees change; this page was last checked in October 2026. YaH Brands is not a law firm or an accounting firm.

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New York LLC questions

  • The state filing fee for the Articles of Organization is $200. Plan for ongoing costs too, including the Biennial Statement fee of $9. Biennial statement every two years, $9

  • Yes. New York requires a Biennial Statement every two years. The fee is $9, due every two years in the month the articles were filed.

  • Required by statute (written, within 90 days of filing the Articles). Having one is still a good idea for any LLC, and banks often ask for it.

  • New York names the Secretary of State as every LLC's agent for service of process, so a separate registered agent is optional.