How to Start an LLC in New York

Learn how to start an LLC in New York with the $200 filing fee, the newspaper publication rule, and the biennial statement. A step-by-step guide for 2026.

Why form an LLC in New York?

Learning how to start an LLC in New York takes more steps than most states because of the publication requirement. The filing fee is $200, and you must publish a notice in newspapers for six consecutive weeks. New York is a major market, and an LLC is a solid structure for small owners who want personal asset protection. The tradeoff is that New York has extra requirements most states skip. Budget extra time and money for them. For a quick reference on fees and requirements, see our New York state page.

Step 1: Check your LLC name

Your LLC name must be unique in New York and must include a designator such as LLC or Limited Liability Company. Search the Department of State's business database to check availability. You can reserve a name for $20 if you are not ready to file. Avoid words that suggest a regulated business, like bank or insurance, unless you hold the proper licenses.

Step 2: Appoint a registered agent

New York requires every LLC to have a registered agent with a physical street address in the state. The agent receives legal documents and official mail. You can act as your own agent, but a professional service keeps your address private and helps you stay on top of deadlines. Our registered agent guide explains how to choose one.

Step 3: File the Articles of Organization

The Articles of Organization is the document that creates your New York LLC. File it with the Department of State, and the fee is $200. You can file online or by mail. The form asks for your LLC name, county, registered agent, and the address where the Department of State can mail documents. Online filing is processed quickly, usually within a few business days.

Step 4: Complete the publication requirement

Here is the step that surprises most owners. Within 120 days of filing, you must publish a notice in two newspapers, one in the county where your LLC is located and one in an adjoining county. The notice must run for six consecutive weeks. The newspapers send you an affidavit of publication, which you file with the Department of State along with a $50 fee. Publication costs vary by county and can run several hundred dollars. The two papers do not have to be the same ones, and the state publishes a list of approved papers for each county. Start this process early, because the clock starts the day your LLC is approved.

Step 5: Get an EIN and open a bank account

After your LLC is approved, apply for an Employer Identification Number from the IRS. It is free and takes about 10 minutes online. You need it to open a business bank account and file taxes. See our EIN guide for the full walkthrough. Then open a separate business checking account to keep personal and business money apart.

Step 6: Write an operating agreement

New York does not require an operating agreement, but it is a smart safeguard. The document records ownership percentages, management duties, and how profits are shared. For a single-member LLC, a simple agreement confirms that you treat the business as a separate entity. For multi-member LLCs, it prevents disputes over money and control.

The biennial statement and ongoing costs

New York LLCs file a biennial statement every two years, and the fee is $50. The statement confirms your registered agent and business address, and it is due in the month your LLC was formed. Here is the cost picture as of 2026. The Articles of Organization cost $200. The certificate of publication filing costs $50. The biennial statement costs $50 every two years. Add newspaper publication costs, which vary by county, and you have the full picture.

Frequently Asked Questions

How much does it cost to start an LLC in New York?

The Articles of Organization filing fee is $200. The certificate of publication filing costs $50. Newspaper publication costs vary by county and can add several hundred dollars. The biennial statement costs $50 every two years.

What is the publication requirement for a New York LLC?

Within 120 days of filing, you must publish a notice in two newspapers for six consecutive weeks. The newspapers provide an affidavit of publication, which you file with the Department of State along with a $50 fee.

How long does it take to start an LLC in New York?

The Department of State usually processes the Articles of Organization within a few business days online. The publication requirement adds several weeks because the notice must run for six consecutive weeks.

Do I need a registered agent in New York?

Yes. Every New York LLC must have a registered agent with a physical street address in the state. You can be your own agent or hire a professional service.

What is the biennial statement in New York?

It is a filing every New York LLC submits every two years to confirm its registered agent and address. The fee is $50. Missing it can lead to penalties or dissolution.