Step 1: Choose a name New York will accept
The name has to end with “Limited Liability Company”, “L.L.C.” or “LLC”. It also has to differ from the names already on the New York Department of State's records, and some words need another agency's approval. Check an LLC name in New York against those rules and the registered names we hold, then confirm it on the official search.
Not ready to file? A reservation holds the name: $20, for 60 days (up to two 60-day extensions). See how to reserve an LLC name.
Step 2: Appoint a registered agent
New York's Articles of Organization name the Department of State to receive legal papers for the LLC, with an address where it forwards them; naming a registered agent as well is optional. Many owners use a commercial agent's address so papers reach someone who is always there.
Our sister site lists the registered agents New York companies use most, with how many companies each one serves.
Step 3: File the Articles of Organization
File it with the New York Department of State. The fee is $200. File online, or on paper. The LLC exists once the state accepts the filing.
How long it takes. Faster service: $25 within 24 hours, $75 same day, $150 within two hours (added to the filing fee). (The office's page.)
Step 4: Publish a notice of the LLC
Within 120 days after the Articles of Organization become effective, a copy of the articles or a notice of their substance must be published once a week for six successive weeks in two newspapers (one weekly, one daily) in the county of the LLC's office, designated by that county's clerk. A Certificate of Publication with the newspapers' affidavits of publication must then be filed with the Department of State ($50). Failure to publish and file within 120 days suspends the LLC's authority to carry on business until it complies.
Step 5: Write an operating agreement
New York law requires an LLC to have an operating agreement (N.Y. LLC Law § 417(a), (c)). It stays in the company's records; it isn't filed with the state.
Make a free New York LLC operating agreement and download it as a Word file.
Step 6: Get an EIN
An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once New York has accepted the Articles of Organization.
Step 7: File the New York LLC annual report
Fee: $9 Biennial Statement. Due: Every two years during the calendar month in which the Articles of Organization were originally filed. (Source: Biennial statements business corporations and limited liability companies, dos.ny.gov.)
| After formation | New York |
|---|---|
| Recurring report | $9 biennial statement every two years |
| State tax or fee on LLCs | LLC filing fee, $25 a year at $100,000 or less of New York-source gross income (Department of Taxation and Finance) |
| Proof of good standing | Certificate of Status, $25 |
Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a New York certificate of good standing.
What it costs to start an LLC in New York
| State fee | Amount |
|---|---|
| Formation filing | $200 |
| First year, state fees | $200 |
| Each year after (lLC filing fee: $25 at $100,000 or less of New York-source gross income) | $29.50 |
Over five years, New York's state fees come to $318. These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.
Sources
Forming limited liability company new york, dos.ny.gov, checked 2026-10-07
Fee schedules, dos.ny.gov, checked 2026-10-07
Limited liability company fees, dos.ny.gov, checked 2026-10-07
N.Y. Limited Liability Company Law § 204, nysenate.gov, checked 2026-10-07
N.Y. Limited Liability Company Law § 205, nysenate.gov, checked 2026-10-07
N.Y. Limited Liability Company Law § 206, nysenate.gov, checked 2026-10-07
Biennial statements business corporations and limited liability companies, dos.ny.gov, checked 2026-10-07
Certificate assumed name domestic and foreign limited liability companies 0, dos.ny.gov, checked 2026-10-07
Expedited handling services division corporations, dos.ny.gov, checked 2026-10-08
Form IT-204-LL instructions, tax.ny.gov, checked 2026-10-09
Rules and regulations, dos.ny.gov, checked 2026-10-09
Apply for an EIN online, irs.gov
How to start an LLC in New York
- Choose a name New York will accept and check it against the New York Department of State's records.
- Give an address where the Department of State can forward legal papers, or name a registered agent.
- File the Articles of Organization with the New York Department of State ($200).
- Publish the notice New York requires and file the proof.
- Write an operating agreement.
- Get a free EIN from the IRS.
- Keep up with the recurring filings and fees.
Common questions
How much does it cost to start an LLC in New York?
$200 to file the Articles of Organization. The state's fees come to $200 in the first year and $29.50 a year after that; a registered agent service or a newspaper notice costs extra.
How long does it take to start an LLC in New York?
The New York Department of State doesn't post a standard time. Faster service: $25 within 24 hours, $75 same day, $150 within two hours (added to the filing fee).
Do I need an operating agreement in New York?
Yes. New York law requires one (N.Y. LLC Law § 417(a), (c)), though it isn't filed with the state.
Can I start an LLC in New York online?
Yes. The New York Department of State takes the Articles of Organization online, for $200.
When is the New York LLC annual report due?
Every two years during the calendar month in which the Articles of Organization were originally filed.
Does New York require an annual report for LLCs?
Yes. New York's recurring filing: $9 biennial statement every two years.