Form an LLC in New York — Step by Step

Filing a New York LLC with the Department of State costs $200 and takes 5-7 business days for standard processing. This guide covers every step, the real costs, and the ongoing obligations you should plan for.

Why Form a New York LLC?

A limited liability company separates your personal assets from business debts and lawsuits. If the business faces legal trouble, your home, savings, and personal property are generally protected — as long as you maintain the separation between personal and business finances.

LLCs are the most common entity for small businesses, freelancers, consultants, and real estate investors in New York. They offer liability protection with less administrative overhead than corporations, and profits pass through to your personal tax return by default.

What It Costs

The core expenses:

• Articles of Organization: $200 filing fee to the Department of State (plus $5 copy fee = $205 total)
• Expedited processing (optional): $25 for next-business-day turnaround
• Publication requirement: $300 to $1,500+ depending on county, plus $50 Certificate of Publication
• Biennial statement: $9 every two years
• Agent for service of process: $99/year through our service

NYC-based LLCs may also owe the Unincorporated Business Tax. Talk to a tax professional about your situation.

Formation Steps

1. Choose a Name

Your LLC name must include "Limited Liability Company," "LLC," or "L.L.C." and be distinguishable from every other entity name on file. Search the Department of State's database before committing to a name.

Do not use words that imply banking, insurance, or government affiliation unless your business actually operates in those fields.

2. Appoint an Agent for Service of Process

Every New York LLC must have an agent for service of process with a physical street address in the state. This person or entity accepts lawsuits, tax notices, and Department of State correspondence on your behalf. The agent's name and address go on your Articles of Organization and become public record.

We handle this for $99/year. Our address goes on your filings. Your home address stays private.

3. File Articles of Organization

Submit your formation document to the Department of State. The articles include your LLC name, county of office, agent for service of process details, and organizer information.

You can file online at dos.ny.gov or submit by mail. Online filing is faster. Standard processing takes 5-7 business days. Expedited processing ($25 extra) typically reduces that to one business day.

4. Complete the Publication Requirement

Within 120 days of formation, publish notices of your LLC in two newspapers — one daily, one weekly — for six consecutive weeks in the county where your office is located. After publication, file a Certificate of Publication with the Department of State ($50 fee).

This requirement is unique to New York and is the most expensive part of forming an LLC here. Costs vary dramatically by county.

5. Draft an Operating Agreement

New York does not require you to file an operating agreement with the state, but you need one. It defines ownership percentages, profit distribution, management authority, and what happens if a member leaves. Banks typically require it to open a business account. Courts defer to it in disputes.

Without an operating agreement, New York's default LLC rules apply — and those defaults may not match your intentions.

6. Get an EIN

Apply for an Employer Identification Number directly at IRS.gov. It is free, takes about ten minutes, and you receive your EIN immediately. You need it for bank accounts, tax filings, and hiring employees.

Do not pay anyone to get an EIN for you.

7. Maintain Compliance

After formation, keep your LLC in good standing by:

• Maintaining an agent for service of process at all times
• Filing biennial statements ($9 every two years)
• Keeping business finances separate from personal accounts
• Meeting federal and state tax obligations

Missing the agent requirement or the biennial statement can result in administrative dissolution by the Department of State.

Agent for Service of Process — Required from Day One

There is no workaround. Every New York LLC must designate an agent for service of process. The agent needs a physical New York address and must be available during business hours.

Listing your own address means it becomes public record. Process servers visit that address. Marketers target it. A professional agent keeps your personal information off state records.

We provide this service for $99/year with same-day document forwarding, compliance alerts, and online portal access.

Common Questions

How long does it take? Standard processing is 5-7 business days. Expedited is typically one business day for $25.

Can non-residents form a New York LLC? Yes. You do not need to live in New York. You do need a New York agent for service of process, which is what we provide.

Is an annual report required? New York uses biennial statements ($9 every two years) instead of annual reports.

Get Started — $99/year

Questions? See our FAQ or contact us.