State guides › New York
How to form an LLC in New York
$200 to file, plus a newspaper publication requirement that often costs more than the filing itself.
New York LLC at a glance
| Formation document | Articles of Organization |
|---|---|
| State filing fee | $200 |
| Processing time | Online filings get an acknowledgement and filing receipt by email within minutes, per the Department of State. |
| Secretary of State as agent for service of process (registered agent optional) | New York designates the Secretary of State to receive legal papers for your LLC and forwards them to the address you list. A separate registered agent is optional. Many owners use one so their home address isn’t the forwarding address. |
| Certificate of Publication | $50, after publishing a notice in two newspapers (chosen by your county clerk) for six consecutive weeks. Must be done within 120 days of formation. |
| Biennial Statement | $9. Due every two years, in the calendar month you originally filed. |
| Official filing site | New York Department of State — Division of Corporations |
Filing online vs. by mail
File online with the Department of State (you get an emailed filing receipt within minutes) or by mail to Albany. Optional expedited handling costs $25 (24 hours), $75 (same day), or $150 (2 hours).
Secretary of State as agent for service of process (registered agent optional)
New York designates the Secretary of State to receive legal papers for your LLC and forwards them to the address you list. A separate registered agent is optional. Many owners use one so their home address isn’t the forwarding address.
Should you be your own registered agent? →
After you form: ongoing requirements
- Certificate of Publication: $50, after publishing a notice in two newspapers (chosen by your county clerk) for six consecutive weeks. Must be done within 120 days of formation.
- Biennial Statement: $9. Due every two years, in the calendar month you originally filed.
Common New York gotchas
- If you don’t publish and file the Certificate of Publication within 120 days, your LLC’s authority to do business is suspended.
- Newspapers set their own publication fees, and costs vary by county. Get quotes from the county-designated papers before you budget.
- New York requires a written operating agreement within 90 days of filing, even though you don’t file it with the state.
Do it yourself in New York
- Check your name in the state’s business search and make sure it includes “LLC” or “L.L.C.”
- Choose your secretary of state as agent for service of process using the rules above.
- File the Articles of Organization at New York Department of State — Division of Corporations and pay $200.
- Get a free EIN from the IRS. See our EIN guide.
- Calendar your ongoing filings so you don’t pay late fees.
Need the general walkthrough? Read how to form an LLC, step by step.
Sources
Fees and rules below come from official New York government sources, checked October 2026. Fees change, so always confirm on the state’s site before you pay.
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Last updated October 2026. General information only, not legal or tax advice.