form an LLC in new york

New York LLC Formation Basics & Helpful Information

General Overview of the New York LLC

This article is meant to be a general overview of the New York LLC formation process and other basic issues related to LLCs.

New York Filing Fees

The New York Department of State charges $200 to file the Articles of Organization. You may print the Articles of Organization from the Department of State website and mail the Articles of Organization to the New York Department of State or you can file online.

Section 206 of the New York State Limited Liability Company Law requires that within 120 days after the effectiveness of the initial articles of organization, a limited liability company (LLC) must publish in two newspapers a copy of the articles of organization or a notice related to the formation of the LLC. The newspapers must be designated by the county clerk of the county in which the office of the LLC is located, as stated in the articles of organization. After publication, the printer or publisher of each newspaper will provide you with an affidavit of publication. A Certificate of Publication, with the affidavits of publication of the newspapers attached, must be submitted to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for filing the Certificate of Publication is $50.

Helpful Info

Use an LLC formation service like IncFile to help you form an LLC in New York. They have New York LLC formation packages starting at $49 (plus the state filing fee).

New York Filing Time

The New York Department of State will process the Articles of Organization in at least 24 hours within filing. You may expedite the process for additional fees: 24-hour service is an extra $25, the same day is an additional $75 and within 2 hours of receipt is $150 extra.

New York Annual Compliance Requirements

New York LLCs must file biennial statements every two years in the calendar month in which the LLC was formed. The biennial statement must include the name and address of the LLC’s CEO, the street address of its principal office, and the address to which the state can send governmental correspondence. The cost for filing the biennial statement is $9.

Read more about New York biennial statements

Form an LLC in New York

You can use this checklist to help guide you through the process of forming a New York LLC:

Step 1: Decide on a Business Name

Step 2: Register your LLC with the State

Step 3: Create and Sign the LLC's Governing Document

Step 4: Get an EIN

Step 5: Get Licenses and Permits