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To start an LLC in New York, file Articles of Organization with the New York Division of Corporations. This costs $200 and takes 1 day for approval.
There are 9 steps to follow:
- Choose an LLC Name
- Choose the county where you’ll publish your newspaper ads
- Select a Registered Agent (optional)
- File Articles of Organization
- Create an Operating Agreement
- Get an EIN
- Publish your newspaper ads
- File a Certificate of Publication
- File a Certificate of Change (optional)
If you want to form your LLC yourself, follow our free guide below.
If you want someone to take care of it for you, we recommend hiring Northwest Registered Agent
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(We recommend Northwest. We've reviewed all the top companies in the industry. And Northwest is our #1 pick for prices, customer support, and address privacy. Check out Northwest vs LegalZoom to learn more.)
How much does it cost to start an LLC in New York?
It costs $200 to start an LLC in New York – plus newspaper publication costs between $300 and $1,200.
And then it costs $9 every 2 years to file your LLC’s Biennial Statement.
What are these fees for?
- The $200 is to file the Articles of Organization – the document that creates your LLC.
- The $300 – $1,200 is to complete the Publication Requirement (publishing ads in 2 newspapers).
- $50 is to file your Certificate of Publication – the document that proves you met the newspaper publication requirements.
- The $9 every 2 years is for your Biennial Statement – an every-2-year filing that keeps your LLC in good standing.
To learn more about LLC Costs, see LLC Costs in New York.
How long does it take to get an LLC in New York?
If you file your LLC by mail, it will be approved in 2-3 weeks (plus mail time).
But if you file online, it will be approved immediately.
Please see How long does it take to get an LLC in New York to check for any delays.
Here are the steps to form an LLC in New York
1. Search your LLC Name
Search your LLC Name to make sure it’s available in the state.
You need to do this because two businesses in the state can’t have the same name.
First, search your business name and compare it to existing businesses in the state.
You should make sure your LLC Name is unique from existing businesses using the Business Entity Database.
Second, familiarize yourself with the state’s naming rules (so your LLC gets approved).
We explain both in more detail here: New York LLC Name.
2. Choose how you’ll approach the LLC Publication Requirement
New York requires LLCs to publish an ad in 2 newspapers after they are formed.
The original purpose of the LLC Publication Requirement was to “notify the public” that you were forming a business.
Although this is somewhat antiquated, New York law still requires new LLCs to run an ad in 2 newspapers for 6 weeks.
One newspaper must have a daily circulation. And the other must have a weekly circulation.
How much do the newspaper ads cost?
Newspaper ad costs vary. This is because the price depends on the county where your LLC is located.
Some counties charge $200 to $300.
But other counties – especially those in the 5 boroughs – can charge $800 to $1,200.
However, we have a strategy for saving money on your LLC newspaper ads:
If your LLC is located in an expensive county, you can hire a Registered Agent (we recommend Northwest) with an office in a much more affordable county, like Albany.
This way, you can use their address in your LLC filing. And you can publish your ads in Albany. Then you can change your address back once you’ve completed the publication requirements.
Depending on how expensive your county is, this can save you a few hundred dollars to upwards of $800.
How do I determine how much money I might save?
- Call your county clerk and get the phone number for 2 newspapers (one daily paper and one weekly paper).
- Call both newspapers and get a quote.
- Compare the costs to our “Savings Breakdown Table” (linked below).
Doing the above will show you if it’s worth publishing in Albany (or another affordable county), or to just publish in the county where you’re located.
Tip: Newspapers charge based on the length of the ad, so shorter is better. We have a concise ad template you can use. You can find that, along with the “Savings Breakdown Table” here: NY Publication Requirements (Part 1)
Important: Remember, you’re not publishing your ads in the newspapers yet. (You’ll do that after your LLC has been approved by the Secretary of State’s office.)
Right now, you’re just calling to get a price quote so you can decide if you want to use a Registered Agent (in a cheaper county) to save money on the publication requirements. Or if you’ll just publish in your own county.
3. Choose a Registered Agent (optional)
Based on what you find out above will influence whether or not you’ll want to use a Registered Agent in NY to save money.
For example:
- If you find out that your county is affordable, then you can just publish in your county and you don’t need a Registered Agent. This will conserve time and energy.
- If you find out that your county is expensive, then you can use a Registered Agent (in an affordable county, like Albany), use their address in your filing, and publish in that county. This will save you money.
What is a Registered Agent?
(Things are a bit funny in New York. By default, the NY Secretary of State is the Registered Agent for all LLCs. However, you can also list a second Registered Agent. And you can use their address in your LLC filing to publish in an affordable county and save money).
Two potential Registered Agent options are:
- A friend or family member
- A Registered Agent Service
The Registered Agent for your LLC must have a physical street address in the state. PO Boxes aren’t allowed. And note, the Registered Agent’s name and address will be listed on public records.
If you have a friend or family member in an affordable county:
- Then I’d just list them as the Registered Agent, use their address and county in my LLC filing, and publish my ads in their county. This will save the most money.
If you don’t have a friend or family member in an affordable county (and publishing in your county is expensive):
- Then I’d hire Northwest Registered Agent and publish my ads in Albany.
(Or, another option is to hire Northwest to form your LLC and let them take care of the entire newspaper publication requirement for you. They charge an extra $375 for this publication service, which includes publishing the ads and filing the Certificate of Publication. You can select this service during checkout.)
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
4. File Articles of Organization
To form an LLC in NY, you need to file the Articles of Organization.
This form gets filed with the New York Department of State (Division of Corporations).
The filing fee for the Articles of Organization is $200. The fee is the same whether you file online or by mail. And this is a one-time fee to create your LLC.
If you want to file this yourself, see our step-by-step guide: New York Articles of Organization.
Or, you can hire a company to do it for you.
Need to save time? Hire a company to form your LLC:
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(We recommend Northwest. We've reviewed all the top companies in the industry. And Northwest is our #1 pick for prices, customer support, and address privacy. Check out Northwest vs LegalZoom to learn more.)
5. Create an Operating Agreement
The Articles of Organization creates your LLC, and the Operating Agreement shows who owns the LLC.
Additionally, some banks require an Operating Agreement when you open an LLC bank account.
And having an Operating Agreement will be very helpful if you ever end up in court. Reason being, it helps prove that your LLC is being run properly.
That’s why we recommend that all LLCs have an Operating Agreement – including Single-Member LLCs.
Furthermore, an Operating Agreement is an “internal document“. Meaning, you don’t need to file it with the state or the IRS (Internal Revenue Service). Just keep a copy with your business records.
You can download a free template below.
Then, learn how to fill it out by watching our step-by-step New York Operating Agreement video.
6. Get an EIN for your LLC
The next step is to get a New York EIN Number from the IRS for your LLC.
Note: An EIN Number is also called a Federal Tax Identification Number or Federal Employer Identification Number.
- identify your LLC for tax purposes
- open a business bank account
- apply for business licenses and permits (if applicable)
How much does an EIN cost?
Getting an EIN Number from the IRS is completely free.
How long does it take to get an EIN?
If you apply online, it takes 15 minutes.
If you apply by mail or fax, it can take 1-3 months.
How can I get an EIN?
US Citizens/US Residents: If you have an SSN or ITIN, you can apply for an EIN online. Follow these instructions: Apply for an EIN online.
Non-US Residents: You can’t get an EIN online, but you can still get one by fax or by mail. Follow these instructions: How to get an EIN without an SSN or ITIN.
7. Publish your newspaper ads (and get Affidavits of Publication)
After your Articles of Organization has been approved, you can publish your ads in two newspapers.
What you’ll need to get started:
- Date your Articles of Organization was filed (look for “Date of initial DOS filing” in the Business Entity Database)
- Two newspapers to contact
- Newspaper ad template
When you’re ready to get started, we walk you through the steps on this page: NY Publication Requirements (Part 2)
After your ads have run for 6 weeks:
- Each newspaper will mail you back an Affidavit of Publication and a newspaper “snippet” (a photocopy of the ad). These serve as proof that the ads ran.
- You’ll then include these 2 Affidavits of Publication when you file your Certificate of Publication, which we’ll discuss below.
8. File a Certificate of Publication
The purpose of filing a Certificate of Publication is to show the state that you met the publication requirements.
(Again, make sure you have the 2 Affidavits of Publication from the newspapers.)
The Certificate of Publication can only be filed by mail (there is no online filing).
And there is a $50 filing fee for the Certificate of Publication.
We’ll walk you through how to file this here:
New York Certificate of Publication
After you file your Certificate of Publication:
Once the New York Department of State accepts your Certificate of Publication, you’ll receive a Filing Receipt. It can take anywhere from 1 to 3 months to receive your Filing Receipt.
9. File a Certificate of Change (optional)
If you published your ads in a different county, and you want to change your address back, you’ll need to file a Certificate of Change.
It costs $30 to file this form.
Important: Make sure you have already filed your Certificate of Publication, and waited until you received back your Filing Receipt (proof it was filed) before submitting a Certificate of Change.
When you’re ready to update your address, you can follow our step-by-step instructions for filing the New York LLC Certificate of Change.
What do I do after my LLC is approved?
After your LLC is approved, there are some additional steps.
Open an LLC business bank account
You’ll want to open a business bank account for your LLC.
This makes accounting and record-keeping much easier for your business finances.
Having a separate business bank account also maintains your personal liability protection. This is because it keeps your business entity finances separate from your personal finances.
Get New York business licenses and permits
Good news, New York doesn’t have a state general business license.
However, depending on where your LLC is located, you may need a local business license or permit.
For example, if you want to start a daycare, you may need a business license from the city or county clerk.
You can learn more on our New York Business License page.
File your New York LLC Biennial Statement
The Biennial Statement keeps your LLC in good standing with the state.
How much does a New York LLC Biennial Statement cost?
The Biennial Statement filing fee is $9 every 2 years.
When is the Biennial Statement due?
Your LLC’s Biennial Statement is due by the end of your LLC’s anniversary month, every 2 years.
For example, if your LLC was approved on January 10, your Biennial Statement is due by January 31, every 2 years.
When is my first Biennial Statement due?
Your first Biennial Statement is due 2 years after your LLC was approved.
For example, if your LLC was approved on January 10, 2026, your first Biennial Statement is due by January 31, 2028.
It’s then due again every 2 years after that, for the life of your LLC.
How do I file my LLC Biennial Statement?
You can file your LLC’s Biennial Statement online or by mail. We recommend the online filing because it’s much easier.
Follow our step-by-step guide here: New York LLC Biennial Statement.
Pay LLC taxes
LLCs don’t pay federal taxes. Instead, the LLC Members pay the taxes for the LLC.
Said another way, the owners pay taxes for the LLC as a part of their personal tax return.
How will my LLC be taxed?
By default, a New York LLC is taxed by the IRS based on the number of owners your LLC has:
- A Single-Member LLC is taxed like a Sole Proprietorship.
- A Multi-Member LLC is taxed like a Partnership.
Alternatively, you can request that the IRS taxes your LLC like a C-Corporation or S-Corporation.
Besides federal taxes, there are also state and local income taxes – and sales tax. Learn more in New York LLC Taxes.
How to Start an LLC in New York FAQs
Can I start an LLC online in New York?
Yes, you can file your LLC online in New York. The Articles of Organization filing fee is $200.
When you start your LLC online, it will be approved immediately.
What are the benefits of an LLC?
The first benefit of an LLC is protecting your personal assets. Meaning, if your business is sued, your personal assets – like your home, cars, and bank accounts – are protected.
This protection applies to all LLC owners (called LLC Members). It doesn’t matter if you have a Single-Member LLC or Multi-Member LLC. All of the LLC owners are protected from the business debts and liabilities.
This type of protection wouldn’t apply if you operate as a Sole Proprietorship or Partnership. With these types of informal business structures, the owners aren’t protected in the event of a lawsuit. For that reason, Limited Liability Companies (LLCs) are a much more popular business structure.
And New York state income taxes are very similar, since the state honors the federal tax treatment of your LLC.
To learn more, please see How are LLCs taxed.
Is New York a good state to start an LLC?
Whether New York is a good state to start an LLC depends on where you live – and where you’re doing business.
Meaning, if you live in or do business in New York, then you should start your LLC in New York. While many websites talk about tax rates and advantages of certain states, none of that applies if it’s not the state where you live and do business.
For example, if you form an LLC in Delaware, but live in and conduct business in New York, you’ll also need to register your Delaware LLC in New York (and pay extra fees). And you’ll end up paying New York taxes anyway. This ends up leading to more costs and more headaches.
In summary, if you live in and conduct business in New York, then yes, New York is a good state to start a business. If you don’t live in and do business in New York, then no, New York isn’t a good state to start a business.
Real estate exception: If you’re purchasing real estate outside of New York, you should form your LLC in the state where the property is located.
For more information, please see Best State to Form an LLC.
What is the difference between a Domestic LLC, a Foreign LLC, and a PLLC?
The main differences between Domestic LLCs, Foreign LLCs, and Professional LLCs are where they are formed and their business purpose.
A Domestic Limited Liability Company is an LLC that is formed in its “home state”, meaning, where the business owner lives and does business.
For example, if you live in and do business in New York, you would form your Domestic LLC in New York.
A Foreign Limited Liability Company is an LLC that is formed in a state that isn’t its home state. In this case, the term “foreign” simply means that the LLC is foreign to its “home state”.
For example, if you live in and do business in New York, you would form your Domestic LLC in New York. If you later expand into Florida, you would register your existing New York LLC as a Foreign LLC in Florida.
Said another way, LLCs are created at the state-level.
And if you want your LLC to do business in two separate states, you have to form or register an LLC in both states.
This works by forming a Domestic LLC in your home state, and a Foreign LLC in the other state.
What is a New York PLLC?
A Professional Limited Liability Company (PLLC) is a type of LLC formed for the purpose of providing “professional services”.
In this case, “professional” refers to business types that require special permissions (like a license, registration, or certification from the state) in order to do business legally.
For example, architects, attorneys, social work counselors, doctors, and veterinarians often form their business practices as PLLCs.
You can read more about PLLCs, their availability, and their stricter requirements in: What’s a Professional LLC?
And for more information on Foreign and Domestic LLCs, please see:
References
New York LLC Act
New York Department of State: Fee Schedules
NY State Comptroller: Start a Business and Get Licenses
NY Department of Taxation and Finance: Business Taxes
NY Business Express: How to Start a Business in New York
New York Department of State: Corporations & Business Entities FAQs
Information verified on October 27, 2026
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.