How to Form an LLC in New York
For $99 a year, get a New York agent with a registered address on file, same-day scanning of legal documents, and compliance reminders before state deadlines.
A New York LLC comes into existence when the Department of State files your Articles of Organization. The statute behind it, LLC Law § 203, puts it plainly: a company is formed "at the time of the filing of the initial articles of organization with the department of state". The state fee is $200, the official form is DOS-1336-f, and a publication step follows formation. Here is the whole path.
File Your New York LLC — $199
Hand the filing to us for $199. We prepare your Articles of Organization, lodge them with the Department of State, Division of Corporations, and keep you posted until they are stamped.
Why New Yorkers Pick the LLC
The LLC gives a small company a liability shield without corporate ceremony. No board minutes, no share ledgers, and flexible tax treatment. Across New York it remains the default structure for owner-run businesses for exactly those reasons.
New York LLC Filing Fee: $200
The official New York filing fee for the Articles of Organization is $200, set by LLC Law § 1101 and paid to the Department of State. Here is how the pieces stack up:
| Item | Amount |
|---|---|
| Our LLC formation service | $199 one-time |
| State filing fee (Department of State) | $200 one-time |
| Registered agent, an optional designation in New York | $99/year with us |
| Biennial Statement | $9 every two years |
A few New York particulars: the publication requirement adds county-priced newspaper charges plus a $50 Certificate of Publication fee (details below), and New York City businesses may owe the Unincorporated Business Tax. There is no annual report; the $9 Biennial Statement every two years takes its place.
Articles of Organization (Form DOS-1336-f)
New York's formation document is the Articles of Organization for a Domestic Limited Liability Company, official form DOS-1336-f, authorized by LLC Law § 203. You file it with the Department of State, Division of Corporations, either online through the state's website or on the paper form by mail. Online filing is the quicker channel; the paper route remains open for those who want it.
The form asks for a short set of identifying details about the company, and the state's instructions walk through each line.
How to Form a New York LLC, Step by Step
- Settle on a name that carries an LLC designator and stands apart from entities already on file. Search the Department of State records before you commit.
- Decide how you will handle service of process. The Secretary of State is automatically your LLC's agent under LLC Law § 301; designating a private registered agent under § 302 is optional and adds speed and privacy. Ours is $99 a year.
- File the Articles of Organization (form DOS-1336-f) with the Department of State, online or by mail, along with the $200 fee.
- Publish. Within 120 days of formation, LLC Law § 206 requires notice in two newspapers designated by your county clerk for six consecutive weeks, followed by a Certificate of Publication filed with the Department of State and its $50 fee.
- Adopt an operating agreement. New York keeps it internal, unfiled, and important: it fixes ownership shares, distributions, and decision rules before a dispute ever tests them.
- Get your EIN from the IRS at no charge. Banks and payroll providers will ask for it, and the online application issues the number immediately.
- Calendar the Biennial Statement: $9 to the Department of State every two years, during your formation anniversary month.
The Publication Requirement, in Full
This is New York's famous extra step. LLC Law § 206 obliges a newly formed LLC to run formation notices in two newspapers, chosen by the county clerk where the LLC's office sits, for six consecutive weeks, all within 120 days. Newspaper pricing is set county by county, and the New York City boroughs sit at the steep end of the range. When the ads finish, you file a Certificate of Publication with the Department of State for $50.
Skipping publication has a real consequence: the state can suspend your LLC's authority to do business until you comply.
The Registered Agent Question in New York
Most states force every LLC to appoint a registered agent. New York does not, because LLC Law § 301 already makes the Secretary of State the process agent for every LLC. Section 302 lets you add a registered agent by choice.
Why add one? Papers served through the default route reach you on the state's mailing schedule. With us as your designated agent, anything served lands in your portal the same day as a scan, and our address, not yours, shows on the designation. $99 a year, no add-ons.
Common New York LLC Questions
How much does it cost to form an LLC in New York?
The state charges $200 for the Articles of Organization. Publication adds county-dependent newspaper charges plus the $50 Certificate of Publication fee, and the recurring state filing afterward is the $9 Biennial Statement every two years.
How long does it take to form an LLC in New York?
Processing times move with the Department of State's workload and the filing channel you choose. Online submissions generally clear faster than mail, and the DOS website posts current timeframes.
Does New York require an annual report?
No. New York replaces the annual report with a Biennial Statement: $9, filed every two years during your formation anniversary month.
Do I need a registered agent for my New York LLC?
Designating one is optional. The Secretary of State is automatically the agent for service of process for every New York LLC. Many owners still designate a private registered agent for same-day document handling and to keep their own address off the designation.
Can I form an LLC in New York if I live in another state?
Yes, residency is not required to form a New York LLC. The publication requirement still applies in the county of your New York office, and many out-of-state owners use our $99/year agent service for an in-state address and fast forwarding.
File Your New York LLC Today
Do it yourself through the Department of State for the $200 fee, online or by mail, or hand us the whole thing for $199 and let our team carry it through. Either way, we can serve as the registered agent on your designation, with same-day scanning and reminders ahead of the biennial and publication deadlines for $99 a year.
Want the agent service without the LLC formation? Our agent-only option is $99 yearly.
More questions about New York LLCs or our registered agent service? See our FAQ or contact us during business hours.
File today, we'll handle the rest
$199 covers our New York LLC formation service. New York's $200 state filing fee is separate, and so is the optional $99/year registered agent many New York LLCs put on file.